Opinion
(CC 97NB0467; CA A99180; S.C. S48941)
On motion to reverse and remand filed October 8, 2001.
Appeal from Coos County District Court, Paula M. Bechtold, Judge. 158 Or. App. 348, 978 P.2d 1011 (1999).
Filed: December 13, 2001
En Banc
Robin A. Jones, Senior Deputy Public Defender, Salem, filed the motion for petitioner on review.
Timothy A. Sylwester, Assistant Attorney General, Salem, filed the response for respondent on review.
MEMORANDUM OPINION
The motion to reverse and remand is construed as a petition for review. 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).