FILED: April 14, 1999

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Appellant,

v.

JASON WAYNE WILLIAMS,

Respondent.

(10-95-08823; CA A91493)

Appeal from Circuit Court, Lane County.

Lyle C. Velure, Judge.

Argued and submitted August 5, 1998.

Timothy A. Sylwester, Assistant Attorney General, argued the cause for appellant. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Diane L. Alessi, Interim Public Defender, argued the cause and filed the brief for respondent.

Before Landau, Presiding Judge, and Wollheim and Brewer,* Judges.

PER CURIAM

Reversed and remanded. State v. Fleming, ___ Or App ___, ___ P2d ___ (decided this date).

*Brewer, J., vice Riggs, P. J., resigned.


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