
    On petition for review filed July 9,
    
    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. TRAVIS JOHN RAY, Petitioner on Review.
    
    (CC C96-2920CR; CA A98561; SC S48637)
    34 P3d 168
    Louis R. Miles, Deputy Public Defender, Salem, filed the petition for petitioner on review.
    No appearance contra.
    
    
      
       Appeal from Washington County Circuit Court, Timothy P. Alexander, Judge. 164 Or App 145,990 P2d 365 (1999).
    
   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).  