Opinion
No. B 57-314, CA 17736
On appellant's reconsideration filed January 6, reconsideration granted; former opinion withdrawn, affirmed ( 49 Or. App. 579, 619 P.2d 1355) February 3, reconsideration denied March 12, petition for review denied April 7, 1981 ( 290 Or. 727)
Appeal from District Court, Lane County.
Gregory G. Foote, Judge.
David J. Philipps, Eugene, for petition.
PER CURIAM.
Reconsideration granted; former opinion withdrawn. Affirmed.
Defendant's petition for reconsideration is granted and our former opinion is withdrawn. On the merits of defendant's appeal, we conclude that if defendant was in custody when the challenged statement was made it is nevertheless admissible because it was not the product of interrogation as defined in Rhode Island v. Innis, 446 U.S. 291, 100 S Ct 1682, 64 L Ed 2d 297 (1980).
Reconsideration granted; former opinion withdrawn. Affirmed.