Opinion
C8805-33360; CA A82912
Argued and submitted June 28, 1995.
Reversed and remanded with instructions November 8, 1995. Petition for review denied January 23, 1996 ( 322 Or. 490)
Appeal from Circuit Court, Multnomah County, Dale R. Koch, Judge.
Timothy A. Sylwester, 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.
Sally L. Avera, Public Defender, argued the cause for respondent. With her on the brief was James N. Warner, Deputy Public Defender.
Before Riggs, Presiding Judge, and Edmonds and Armstrong, Judges.
Reversed and remanded with instructions to reinstate indictment. State v. Conger, 319 Or. 484, 878 P.2d 1089 (1994).