FILED: November 22, 2000

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Respondent,

v.

THOMAS LEE LEDBETTER,

Appellant.

(9808-1856FB; CA A104778)

Appeal from Circuit Court, Linn County.

Daniel R. Murphy, Judge.

Submitted on record and briefs October 6, 2000.

David E. Groom, Public Defender, and Louis R. Miles, Deputy Public Defender, filed the brief for appellant.

Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Timothy A. Sylwester, Assistant Attorney General, filed the brief for respondent.

Before Landau, Presiding Judge, and Linder and Brewer, Judges.

PER CURIAM

Reversed and remanded for new trial. State v. Maddox, 165 Or App 573, 997 P2d 276, rev den ___ Or ___ (2000).


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