FILED: January 21, 1998

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Appellant,

v.

DENEISE FAITH MARTOFEL,

Respondent.

(C9606-34179; CA A95209)

Appeal from Circuit Court, Multnomah County.

Julie E. Frantz, Judge.

Argued and submitted December 23, 1997.

Katherine H. Waldo, Assistant Attorney General, argued the cause for appellant. With her on the brief were Hardy Myers, Attorney General, and Virginia L. Linder, Solicitor General.

Eric R. Johansen, Deputy Public Defender, argued the cause for respondent. With him on the brief was Sally L. Avera, Public Defender.

Before Warren, Presiding Judge, and Edmonds and Armstrong, Judges.

PER CURIAM

Reversed and remanded. State v. Martofel, 151 Or App 249, ___ P2d ___ (1997).

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