Opinion
94D101290; CA A90851
Argued and submitted December 20, 1996.
Reversed and remanded May 21, petition for review denied October 21, 1997 ( 326 Or. 68).
Appeal from the District Court, Marion County, Joseph V. Ochoa, Judge.
Jonathan H. Fussner, Assistant Attorney General, argued the cause for appellant. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.
Daniel Q. O'Dell, Deputy Public Defender, argued the cause for respondent. With him on the brief was Sally L. Avera, Public Defender.
Before Warren, Presiding Judge, and Edmonds and Armstrong, Judges.
Reversed and remanded. State v. Nielsen, 147 Or. App. 294, 936 P.2d 374 (1997).