FILED: December 6, 2000

STATE OF OREGON,

Appellant,

v.

GREGORY ROBERT GANN,

Respondent.

Appeal from Circuit Court, Tillamook County.

David W. Hantke, Judge.

Argued and submitted November 2, 2000, Cleveland High School.

Daniel J. Casey, Assistant Attorney General, argued the cause for appellant. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

James B. Ehrlich argued the cause and filed the brief for respondent.

Before Edmonds, Presiding Judge, and Armstrong and Wollheim, Judges.

PER CURIAM

Reversed and remanded. State v. Andrews, 16 Or App 144, 517 P2d 1062 (1974).