Opinion
(CC CR95-51184; CA A100590; S.C. S48782)
Filed: January 25, 2002
En Banc
On petition for review filed August 21, 2001.
Robin A. Jones, Senior Deputy Public Defender, Salem, filed the petition for petitioner on review. With her on the petition was David E. Groom, Public Defender for Oregon.
No appearance contra.
MEMORANDUM OPINION
The petition for review is allowed. The decision of the Court of Appeals is vacated. The case is remanded to the Court of Appeals for further consideration in light of State v. Fugate , 332 Or. 195, 26 P.3d 802 (2001).
[*] Appeal from Polk County Circuit Court, William M. Horner, Judge. 158 Or. App. 139, 973 P.2d 370 (1999).