Opinion
CC 92-CR-0281-ST; CA A76965; SC S41444
Submitted on petition for review filed July 6, 1994,
Petition for review allowed; Decision of the Court of Appeals vacated Case remanded to the Court of Appeals for reconsideration October 11, 1996
In Banc
On review from the Court of Appeals.
Appeal from Deschutes County Circuit Court, Stephen N. Tiktin, Judge. 127 Or. App. 751, 873 P.2d 344 (1994).
Michael E. Livingston, Assistant Attorney General, Salem, filed the petition for petitioner on review. With him on the petition were Theodore R. Kulongoski, Attorney General, Virginia L. Linder, Solicitor General, and Timothy A. Sylwester, Assistant Attorney General.
Richard E. Forcum, of Forcum Speck, Bend, filed a response to the petition for respondent on review. With him on the response was Janine Curtis.
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. Cookman, 324 Or. 19, 920 P.2d 1086 (1996).