FILED: June 26, 2003

IN THE COURT OF APPEALS OF THE STATE OF OREGON

FRANK E. VOTH,

Appellant,

v.

STATE OF OREGON,

Respondent.

02C11293; A118554

Appeal from Circuit Court, Marion County.

Terry Ann Leggert, Judge.

Submitted on record and briefs May 1, 2003.

Frank E. Voth filed the briefs pro se.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Jas. Jeffrey Adams, Assistant Attorney General, filed the brief for respondent.

Before Haselton, Presiding Judge, and Linder and Wollheim, Judges.

PER CURIAM

Reversed and remanded. Voth v. Smith, 188 Or App 59, ___ P3d ___ (2003).


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