Opinion
(CC 980745983; CA A104522; S.C. S47012)
Filed: October 25, 2001
On petition for review filed November 23, 1999.
Appeal from Multnomah County Circuit Court, Marshall L. Amiton, Judge. 164 Or. App. 271, 991 P.2d 65 (1999).
Garrett A. Richardson, Portland, filed the petition for petitioner on review.
No appearance contra.
Before CARSON, Chief Justice, and GILLETTE, DURHAM, LEESON, RIGGS, and De MUNIZ, Justices.
Van Hoomissen, J., retired December 31, 2000, and did not participate in the decision of this case; Kulongoski, J., resigned June 14, 2001, and did not participate in the decision of this case. Justice Thomas A. Balmer did not participate in the consideration or decision of this case.
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. Clay , 332 Or. 327, 29 P.3d 1101 (2001).