Opinion
CC 10-91-05359; CA A77961; SC S41516
Submitted August 3, 1994
January 27, 1995
In Banc
Sally L. Avera, Public Defender, and James N. Varner, Deputy Public Defender, Salem, filed the petition for petitioner on review.
No appearance contra.
MEMORANDUM OPINION
The petition for review is allowed. The decision of the Court of Appeals is vacated, and the case is remanded to the Court of Appeals for reconsideration in the light of State v. Kephart, 320 Or. 433, 887 P.2d 774 (1994), and State v. Martin, 320 Or. 448, 887 P.2d 782 (1994).