Filed: December 13, 2001

IN THE SUPREME COURT OF THE STATE OF OREGON

STATE OF OREGON,

Respondent on Review,

v.

JEFFREY J. JAEHNIG,

Petitioner on Review.

(CC 97NB0467; CA A99180; SC S48941)

En Banc

On motion to reverse and remand filed October 8, 2001.*

Robin A. Jones, Senior Deputy Public Defender, Salem, filed the motion for petitioner on review.

Timothy A. Sylwester, Assistant Attorney General, Salem, filed the response for respondent on review.

MEMORANDUM OPINION

The motion to reverse and remand is construed as a petition for review. The petition for review is allowed. The decision of the Court of Appeals is vacated. The case is remanded to the Court of Appeals for further consideration in light of State v. Fugate, 332 Or 195, 26 P3d 802 (2001).

*Appeal from Coos County District Court, Paula M. Bechtold, Judge. 158 Or App 348, 978 P2d 1011 (1999).


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