STATE v. HARRIS, 327 Or. 171 (1998)

957 P.2d 1221

STATE OF OREGON, Petitioner on Review, v. ERIC LAMONT HARRIS, Respondent on Review.

No. CC 94-11-37779; CA A89273; SC S45133.Oregon Supreme Court.On petition for review from the Court of Appeals filed March 18, 1998.[*]
Vacated and case remanded May 29, 1998.

[*] Appeal from Multnomah County Circuit Court, Robert W. Redding, Judge. 152 Or. App. 495, 952 P.2d 575 (1998).

Timothy A. Sylwester, 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, Van Hoomissen, Durham, Kulongoski, Justices.[**]

[**] Kulongoski and Leeson, 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. Fair, 326 Or. 485, 953 P.2d 383 (1998).

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