Opinion
TC CR9-1954-JT; CA A62281; SC S37347
Petition for review filed July 24, 1990
Appeal from judgment of Deschutes County District Court, Joseph J. Thalhofer, Judge. 101 Or. App. 675, 791 P.2d 864 (1990).
Vacated and remanded with instructions October 4, 1990
In Banc
Henry M. Silberblatt, Salem, and Sally L. Avera, Public Defender, Salem, filed the petition for petitioner on review.
No appearance contra.
PER CURIAM
Petition for review allowed. Decision of the Court of Appeals vacated. Remanded with instructions.
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 consideration in light of this court's opinion in State v. Ben, 310 Or. 309, 798 P.2d 650 (1990).
Petition for review allowed. Decision of the Court of Appeals vacated. Remanded with instructions.