Opinion
CC 90CR0178; CA A69045; SC S39137
Submitted on the record and appellant's petition for review May 6, 1992.
Petition for review allowed; order of Court of Appeals vacated, and case remanded to Court of Appeals for further consideration January 22, 1993.
In Banc
On review from the Court of Appeals.
Appeal from Josephine County Circuit Court, Gerald Neufeld, Judge. Order allowing motion for summary affirmance dated March 4, 1992.
Stephen V. Humber, Deputy Public Defender, Salem, filed the petition for petitioner on review. With him on the petition was Sally L. Avera, Public Defender.
No appearance contra.
MEMORANDUM OPINION
The petition for review is allowed. The order of the Court of Appeals is vacated, and the case is remanded to the Court of Appeals for further consideration in the light of State v. Sullens, 314 Or. 436, 839 P.2d 708 (1992).