Opinion
CC 10-94-07580; CA A87593; SC S44245
On petition for review filed May 21, 1997; resubmitted August 4, petition for review allowed; decision of Court of Appeals vacated and case
Appeal from Lane County Circuit Court, Edwin E. Allen, Judge. 147 Or. App. 225, 935 P.2d 1216 (1997).
remanded to Court of Appeals for further proceedings August 6, 1998.
Jonathan H. Fussner, Assistant Attorney General, Salem, filed the petition for petitioner on review. With him on the petition were Hardy Myers, Attorney General, and Virginia L. Linder, Solicitor General.
No appearance contra.
Before Carson, Chief Justice, and Gillette, Van Hoomissen, Durham, and Leeson, Justices.
Fadeley, J., retired January 31, 1998, and did not participate in this decision; Graber, J., resigned March 31, 1998, and did participate in this decision; Kulongoski, J., 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, and the case is remanded to the Court of Appeals for further proceedings in light of State v. Boone, 327 Or. 307, 959 P.2d 76 (1998).