Opinion
CC 91C-20032; CA A70271; SC S39511
Submitted on the record and petition September 29, 1992.
Decision of Court of Appeals reversed, and case remanded to Court of Appeals for reconsideration December 31, 1992. See 119 Or. App. 506, 849 P.2d 1161 (1993)
In Banc
On review from the Court of Appeals.
Appeal from Marion County Circuit Court, Duane Ertsgaard, Judge. 113 Or. App. 395, 832 P.2d 434 (1992).
Timothy A. Sylwester, Assistant Attorney General, Salem, filed the petition for petitioner on review. With him on the petition were Charles S. Crookham, Attorney General, and Virginia L. Linder, Solicitor General, Salem.
David K. Allen, Deputy Public Defender, Salem, filed the response. With him on the response was Sally L. Avera, Public Defender, Salem.
MEMORANDUM OPINION
The decision of the Court of Appeals is reversed, and the case is remanded to the Court of Appeals for reconsideration in the light of State v. Haydon, 116 Or. App. 347, 842 P.2d 410 (1992).