On remand from the Oregon Supreme Court, State v. Brenner, 331 Or 699, 21 P3d 1089 (2001).

Appeal from Circuit Court, Crook County.

Stephen N. Tiktin, Judge.

Submitted on remand May 11, 2001.

Sally L. Avera, Public Defender, and James N. Varner, Deputy Public Defender, for appellant.

Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Douglas F. Zier, 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).