Opinion
No. 844, CA 6739
Submitted on records and briefs November 1, 1976.
Reversed and remanded November 4, 1976.
Appeal from Circuit Court, Washington County, Albert R. Musick, Judge.
Michael J. McElligott, Hillsboro, filed the brief for appellant.
Lee Johnson, Attorney General, and W. Michael Gillette, Solicitor General, Salem, filed the brief for respondent.
PER CURIAM.
Reversed and remanded.
The state confesses error based upon decisions handed down by this court subsequent to the hearing below in the case at bar, namely, State v. Alexander, 26 Or. App. 943, 554 P.2d 524 (1976), and State v. Heintz, 26 Or. App. 935, 554 P.2d 556 (1976). Reversed and remanded.