938 P.2d 246
CR95-50952; CA A92394Oregon Court of Appeals.Argued and submitted December 20, 1996.
Reversed and remanded April 30, 1997.
Appeal from the District Court, Polk County, William M. Horner, Judge.
Timothy A. Sylwester, Assistant Attorney General, argued the cause for appellant. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.
Walter J. Ledesma, Deputy Public Defender, argued the cause for respondent. With him on the brief was Sally L. Avera, Public Defender.
Before Warren, Presiding Judge, and Edmonds and Armstrong, Judges.
PER CURIAM
Reversed and remanded. State v. Miller, 146 Or. App. 303, 932 P.2d 112 (1997); State v. Maddux, 144 Or. 34,925 P.2d 124 (1996).
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