
    Submitted on petition for review filed March 21,1990,
    
    petition for review allowed; decision of Court of Appeals vacated; case remanded to Court of Appeals for further consideration February 25,
    reconsideration denied April 20,1993
    STATE OF OREGON, Petitioner on Review, v. THOMAS REUBEN MARTIN, Respondent on Review.
    
    (CC C88-02-30931; CA A49620; SC S36995)
    845 P2d 1294
    Jonathan H. Fussner, Assistant Attorney General, Dave Frohnmayer, Attorney General, and Virginia L. Linder, Solicitor General, Salem, filed petition for petitioner on review.
    No appearance contra.
    
    Before Carson, Chief Justice, and Peterson, Gillette, Van Hoomissen, Fadeley, and Unis, Justices.
    
      
       Appeal from Multnomah County Circuit Court, Clifford B. Olsen, Judge. 100 Or App 256, 785 P2d 801 (1990). .
    
   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. Rhodes, 315 Or 191, 843 P2d 927 (1992).  