Opinion
88-07-1542-C3; CA A62161 (Control) 88-07-1542-C2; CA A62298 (Cases Consolidated)
Petition for reconsideration filed June 26, 1991
Remanded for further proceedings September 11, 1991
Appeal from Circuit Court, Harney County.
Frank J. Yraguen, Judge.
Gail L. Meyer and Ransom, Blackman Weil, Portland, for petition.
Before Buttler, Presiding Judge, and Rossman and De Muniz, Judges.
PER CURIAM
Petition for reconsideration allowed; opinion modified; convictions vacated; remanded for further proceedings not inconsistent with this opinion.
Defendants have petitioned for review of our decision. 107 Or. App. 380, 812 P.2d 837 (1991). We treat the petition as one for reconsideration, ORAP 9.15, and allow it. For reasons explained in State v. Morrison/Bartee, 108 Or. App. 766, 816 P.2d 1217 (1991), we modify our decision, vacate defendants' convictions and remand for further proceedings as directed in State v. Morrison/Bartee, supra.
In our per curiam opinion, we said:
"The facts of this case are set out in State v. Morrison/Bartee, 107 Or. App. 343, 812 P.2d 832 (1991), and the law and the result are the same." 107 Or App at 381.
Petition for reconsideration allowed; opinion modified; convictions vacated; remanded for further proceedings not inconsistent with this opinion.