Opinion
(CC C96-2920CR; CA A98561; S.C. S48637)
Filed: October 25, 2001
On petition for review filed July 9, 2001.
Appeal from Washington County Circuit Court, Timothy P. Alexander, Judge. 164 Or. App. 145, 990 P.2d 365 (1999).
Louis R. Miles, Deputy Public Defender, Salem, filed the petition for petitioner on review.
No appearance contra.
En Banc
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).