21 P.3d 1086

STATE OF OREGON, Respondent on Review, v. RICHARD DON BASS, Petitioner on Review.

(CC 92CR304, 92CR305; CA A76682 (Control), A76683; S.C. S41240)Oregon Supreme Court.
Filed: April 5, 2001

On petition for review filed April 15, 1994.[*]

[*] Appeal from Curry County Circuit Court, Richard K. Mickelson, Pro Tem Judge. 126 Or. App. 303, 868 P.2d 761 (1994).

Ingrid Alise MacFarlane, Deputy Public Defender, Salem, filed the petition for review. With her on the petition was Sally L. Avera, Public Defender.

No response contra.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, and RIGGS, Justices.[**]

[**] Kulongoski, Leeson, and De Muniz, JJ., did not participate in the consideration or decision of this case.

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 light of State v. Fleetwood, 331 Or. 511, 16 P.3d 503 (2000).

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