STATE v. DONAHUE, 329 Or. 356 (1999)

987 P.2d 480

STATE OF OREGON, Petitioner on Review, v. WILLIAM JOHN DONAHUE, Respondent on Review.

Nos. CC C9502-31026; CA A90121; SC S45084.Oregon Supreme Court.On petition for review filed March 4, 1998.
September 30, 1999.

On review from the Court of Appeals.[*]

[*] Appeal from Multnomah County Circuit Court, Harl Haas, Judge. 151 Or. App. 704, 950 P.2d 416 (1997).

Jonathan H. Fussner, Assistant Attorney General, Salem, filed the petition for petitioner on review. With him on the petition were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

No appearance contra.

Before Carson, Chief Justice, and Gillette, Durham, and Leeson, Justices.[**]

[**] Van Hoomissen, Kulongoski, and Riggs, 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. Edson, 329 Or. 127, 985 P.2d 1253 (1999).

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