Opinion
(CC 96-1052; CA A95862; S.C. S48779)
Filed: October 25, 2001
On petition for review filed August 21, 2001.
Appeal from Clackamas County Circuit Court, Robert R. Selander, Judge. 157 Or. App. 107, 969 P.2d 1035 (1998).
Mary M. Reese, Deputy Public Defender, Salem, filed the petition for petitioner on review. With her on the petition was David E. Groom, State Public Defender.
No appearance contra.
MEMORANDUM OPINION
The petition for review is allowed. The decision of the Court of Appeals is vacated. The case is remanded to the Court of Appeals for further consideration in light of State v. Fugate , 332 Or. 195, 26 P.3d 802 (2001).