Opinion
CC CR93-00037; CA A80830; SC S41956
Submitted January 18, 1995
March 2, 1995
In Banc
Sally L. Avera, Public Defender, and Steven V. Humber, Deputy Public Defender, Salem, filed the petition for petitioner on review.
No appearance contra.
MEMORANDUM OPINION
The petition for review is allowed. The decision of the Court of Appeals is vacated, and the case is remanded to the Court of Appeals for reconsideration in the light of State v. Kephart, 320 Or. 433, 887 P.2d 774 (1994), and State v. Martin, 320 Or. 448, 887 P.2d 782 (1994).