FILED: May 15, 2003

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Appellant,

v.

ORRIN OWENS,

Respondent.

01-11-53181; A117565

Appeal from Circuit Court, Multnomah County.

Marshall Amiton, Judge.

Argued and submitted April 17, 2003.

Daniel J. Casey, Assistant Attorney General, argued the cause for appellant. With him on the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Kenneth E. Kahn II argued the cause for respondent. With him on the brief was Kahn & Associates, Attorneys.

Before Edmonds, Presiding Judge, and Brewer and Schuman, Judges.

PER CURIAM

Reversed and remanded for reconsideration in light of State v. Warner, 181 Or App 622, 47 P3d 497, rev den, 335 Or 42 (2002).


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