913 P.2d 1383

MARK DAVIS, Petitioner on Review, v. Manfred (Fred) MAASS, Superintendent, Oregon State Penitentiary, Respondent on Review.

CC 93C10371; CA A84947; SC S42865Oregon Supreme Court.On petition for review filed December 13, 1995,
Petition for review allowed; Decision of Court of Appeals vacated; Case remanded to Court of Appeals April 11, 1996

In Banc

On review from the Court of Appeals.[*]

[*] Appeal from Marion County Circuit Court, Paul J. Lipscomb, Judge. 137 Or. App. 633, 904 P.2d 1094 (1995).

Michael E. Rose, of Multnomah Defenders, Inc., Portland, filed the petition for petitioner.

No appearance contra.

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 the light of State v. Cole, 323 Or. 30, 912 P.2d 907 (1996).

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