On remand from the Oregon Supreme Court, State v. Visinaiz, 331 Or 695, 21 P3d 1087 (2001).

Appeal from Circuit Court, Josephine County.

Allan H. Coon, Judge.

Submitted on remand May 11, 2001.

Sally L. Avera, Public Defender, and Peter Gartlan, Deputy Public Defender, for appellant.

Theodore R. Kulongoski, Attorney General, Virginia L. Linder, Solicitor General, and Thomas H. Denney, Assistant Attorney General, for respondent.

Before Landau, Presiding Judge, and Deits, Chief Judge, and Brewer, Judge.

PER CURIAM

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