Opinion
No. T 44858, CA 8201 No. T 44730, CA 8202 No. T 45401, CA 8203
On appellant's petition for reconsideration filed February 15, former opinion filed January 16 ( 32 Or. App. 35, 573 P.2d 1259).
Reconsideration allowed; former opinion modified; CA 8201 and CA 8202 reversed and remanded May 8, 1978.
James A. Redden, Attorney General, Al J. Laue, Solicitor General, and Thomas H. Denney, Assistant Attorney General, Salem, for petition.
No appearance contra.
In Banc
Reconsideration allowed. Former opinion modified. CA 8201 and CA 8202 reversed and remanded.
SCHWAB, C. J.
In our former opinion we noted that the trial court was "clearly in error on the merits," but stated that we could reach the question only as to State v. Connorton (CA 8203), which we reversed and remanded. See State v. Patrick, 32 Or. App. 35, 37, 573 P.2d 1259 (1978). We dismissed the appeals as to State v. Patrick (CA 8201) and State v. Spinney (CA 8202) on the grounds that the orders appealed from were not appealable. As the opinion on reconsideration in State v. Thomas, 34 Or. App. 187, 578 P.2d 452 (1978), points out, we were in error in so holding.
Reconsideration allowed. Former opinion modified. CA 8201 and CA 8202 are reversed and remanded.