
    Argued and submitted January 23,
    reversed and remanded for new trial March 3, 1980
    STATE OF OREGON, Respondent, v. RICHARD PANEK, Appellant.
    
    (No. 78-6427, CA 15829)
    606 P2d 698
    Clifford G. Collard, Toledo, argued the cause and filed the brief for appellant.
    John C. Bradley, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were James A. Redden, Attorney General, and Walter L. Barrie, Solicitor General, Salem.
    Before Joseph, Presiding Judge, Richardson, Judge, and Schwab, Chief Judge.
    
    PER CURIAM
    
      
      Schwab, C.J., vice Lee, J., deceased.
    
   PER CURIAM

The state confesses error, but argues the error was harmless. We disagree.

Reversed and remanded for new trial.  