STATE v. JAEHNIG, 333 Or. 97 (2001)

37 P.3d 981

STATE OF OREGON, Respondent on Review, v. JEFFREY J. JAEHNIG, Petitioner on Review.

(CC 97NB0467; CA A99180; S.C. S48941)Oregon Supreme Court.On motion to reverse and remand filed October 8, 2001.[*]
Filed: December 13, 2001

[*] Appeal from Coos County District Court, Paula M. Bechtold, Judge. 158 Or. App. 348, 978 P.2d 1011 (1999).

En Banc

Robin A. Jones, Senior Deputy Public Defender, Salem, filed the motion for petitioner on review.

Timothy A. Sylwester, Assistant Attorney General, Salem, filed the response for respondent on review.

MEMORANDUM OPINION

The motion to reverse and remand is construed as a petition for review. 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. Fugate, 332 Or. 195, 26 P.3d 802
(2001).

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