FILED: July 5, 2001

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Respondent,

v.

DALE RUSSELL REIER,

Appellant.

92-1270; A77964

On remand from the Oregon Supreme Court, State v. Reier, 331 Or 694, 21 P3d 1086 (2001).

Appeal from Circuit Court, Clatsop County.

Thomas E. Edison, Judge.

Submitted on remand May 11, 2001.

Sally L. Avera, Public Defender, and Stephen J. Williams, Deputy Public Defender, for appellant.

Theodore R. Kulongoski, Attorney General, Virginia L. Linder, Solicitor General, and Janie M. Burcart, Assistant Attorney General, for respondent.

Before Deits, Chief Judge, and Haselton and Brewer, Judges.

PER CURIAM

Reversed and remanded. State v. Fleetwood, 331 Or 511, 16 P3d 503 (2000).


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