889 P.2d 351

STATE OF OREGON Respondent on Review, v. SAM FREDLUND BALKIN, Petitioner on Review.

CC CR93-00037; CA A80830; SC S41956Oregon Supreme Court.Submitted January 18, 1995
March 2, 1995

In Banc

Sally L. Avera, Public Defender, and Steven V. Humber, 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).

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