STATE v. CLAXTON, 321 Or. 377 (1995)

899 P.2d 690

STATE OF OREGON, Respondent on Review, v. FRANK CORNELIUS CLAXTON, Petitioner on Review.

CC C90-11-36228; CA A70528; SC S41180Oregon Supreme Court.Submitted on petition for review March 23, 1994,
Petition for review allowed; Decision of the Court of Appeals reversed, Case remanded to the Court of Appeals for reconsideration July 20, 1995

On review from the Court of Appeals.[*]

[*] Appeal from Multnomah County Circuit Court, Thomas L. Moultrie, Judge. 126 Or. App. 35, 867 P.2d 526 (1994).

Steven V. Humber, Deputy Public Defender, Salem, filed the petition for petitioner on review. With him on the petition was Sally L. Avera, Public Defender.

No appearance contra.

Before Carson, Chief Justice, and Gillette, Van Hoomissen, Fadeley, Unis, and Graber, Justices.[**]

[**] Durham, J., did not participate in this decision.

MEMORANDUM OPINION

The petition for review is allowed. The decision of the Court of Appeals is reversed, and the case is remanded to the Court of Appeals for reconsideration in the light of State v. Dominguez-Martinez, 321 Or. 206, 895 P.2d 306 (1995).

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