Opinion
Nos. CR97-50863; CA A103194.
Argued and submitted November 3, 1999 at Portland.
Filed November 24, 1999.
Appeal from Circuit Court, Polk County, William Horner, Judge.
Katherine H. Waldo, Assistant Attorney General, argued the cause for appellant. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.
J. Michael Alexander argued the cause for respondent. With him on the brief was Burt, Swanson, Lathen, Alexander McCann, P.C.
Before De Muniz, Presiding Judge, and Haselton and Wollheim, Judges.
Reversed and remanded. State v. Gaffney, 36 Or. App. 105, 583 P.2d 582 (1978), rev den 285 Or. 195 (1979).