21 P.3d 1087
(CC 91-CR-0296, 91-CR-0253; CA A79113, A80800; S.C. S41526)Oregon Supreme Court.
Filed: April 5, 2001
On petition for review filed August 5, 1994.[*]
[*] Appeal from Josephine County Circuit Court, Gerald C. Neufeld, Judge. 128 Or. App. 310, 875 P.2d 545 (1994).
Peter Gartlan, Deputy Public Defender, Salem, filed the petition for review. With him on the petition was Sally L. Avera, Public Defender.
No response contra.
Before CARSON, Chief Justice, and GILLETTE, DURHAM, LEESON, RIGGS, and De MUNIZ, Justices.[**]
[**] Kulongoski, 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 vacated. The case is remanded to the Court of Appeals for further consideration in light of State v. Fleetwood, 331 Or. 511, 16 P.3d 503 (2000).
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