
    On petition for review filed August 21,
    
    petition for review allowed; decision of Court of Appeals vacated and case remanded to Court of Appeals for further consideration October 25, 2001
    STATE OF OREGON, Respondent on Review, v. STEVEN MICHAEL SUTER, Petitioner on Review.
    
    (CC 96-1052; CA A95862; SC S48779)
    34 P3d 169
    Mary M. Reese, Deputy Public Defender, Salem, filed the petition for petitioner on review. With her on the petition was David E. Groom, State Public Defender.
    No appearance contra.
    
    Before Carson, Chief Justice, and Gillette, Durham, Leeson, Riggs, and De Muniz, Justices.
    
    
      
       Appeal from Clackamas County Circuit Court, Robert R. Selander, Judge. 157 Or App 107,969 P2d 1035 (1998).
    
    
      
       Balmer, J., did not participate in the consideration or decision of this case.
    
   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 for further consideration in light of State v. Fugate, 332 Or 195, 26 P3d 802 (2001).  