On remand from the Oregon Supreme Court, State v. Jaehnig, 333 Or 97, ___ P3d ___ (2001).

Appeal from District Court, Coos County.

Paula M. Bechtold, Judge.

Submitted on remand January 22, 2002.

Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Timothy A. Sylwester, Assistant Attorney General, for appellant.

Sally L. Avera, Public Defender, Robin A. Jones, Deputy Public Defender, for respondent.

Before Edmonds, Presiding Judge, and Deits, Chief Judge,* and Armstrong, Judge.

PER CURIAM

Reversed and remanded. State v. Moylett, 313 Or 540, 836 P2d 1329 (1992); State v. Fugate, 332 Or 195, 26 P3d 802 (2001).

*Deits, C. J., vice Warren, P. J., retired.