STATE v. MANIVONG, 333 Or. 415 (2002)

40 P.3d 505

STATE OF OREGON, Respondent on Review, v. SEIKOH SAYEN MANIVONG, Petitioner on Review.

(CC 960947154; CA A99652; S.C. S49038)Oregon Supreme Court.On petition for review filed November 21, 2001.
Filed: February 22, 2002

On review from the Court of Appeals.[*]

[*] Appeal from Multnomah County Circuit Court, Roosevelt Robinson, Judge. 161 Or. App. 81, 983 P.2d 1064 (1999).

Kimi Nam, Deputy Public Defender, Salem, filed the petition for petitioner on review. With her on the petition was David E. Groom, Acting Executive Director of the Office of Public Defense Services.

No appearance contra.

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

[**] De Muniz, J., 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 reversed. State v. Fugate, 332 Or. 195, 26 P.3d 802 (2001). The order of the circuit court is affirmed, and the case is remanded to the circuit court for further proceedings.

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