FILED: March 21, 2001

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Respondent,

v.

DAVID ALAN DRAKE,

Appellant.

(980948520; CA A106174)

Appeal from Circuit Court, Multnomah County.

Stephen L. Gallagher, Judge.

Argued and submitted June 19, 2000.

Garrett A. Richardson argued the cause and filed the brief for appellant.

Laura S. Anderson, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before Linder, Presiding Judge, and Brewer, Judge, and Ceniceros, Senior Judge.

PER CURIAM

Reversed and remanded for new trial. State v. Riddell, 172 Or App 675, ___ P3d ___ (2001).


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