Filed: April 23, 1998

IN THE SUPREME COURT OF THE STATE OF OREGON

STATE OF OREGON,

Respondent on Review,

v.

JAMES KENJI KNOX,

Petitioner on Review.

(CC CM93-0464; CA A79581; SC S42301)

On petition for review from the Court of Appeals filed

May 25, 1995.*

Kathryn A. Wood, Corvallis, filed the petition for petitioner on review.

No appearance contra.

Before Carson, Chief Justice, Gillette, Van Hoomissen, Durham, and Leeson, Justices.**

MEMORANDUM OPINION

The petition for review is allowed. The decision of the Court of Appeals is vacated. The case is remanded to the Court of Appeals in light of State v. Morton, 326 Or 466, ___ P2d ___ (1998).

*Appeal from Benton County Circuit Court,

Frank D. Knight, Judge.

134 Or App 154, 894 P2d 1185 (1995).

**Graber, J., resigned March 31, 1998, and did not participate in the decision of this case; Kulongoski, J., did not participate in the consideration or decision of this case.


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