
    On petition for review filed November 23, 1999,
    
    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. DAVID ALLEN BAKER, Petitioner on Review.
    
    (CC 980745983; CA A104522; SC S47012)
    34 P3d 167
    Garrett A. Richardson, Portland, filed the petition for petitioner on review.
    No appearance contra.
    
    Before Carson, Chief Justice, and Gillette, Durham, Leeson, Riggs, and De Muniz, Justices.
    
    
      
       Appeal from Multnomah County Circuit Court, Marshall L. Amiton, Judge. 164 Or App 271, 991 P2d 65 (1999).
    
    
      
       Van Hoomissen, J., retired December 31, 2000, and did not participate in the decision of this case; Kulongoski, J., resigned June 14,2001, and did not participate in the decision of this case. 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. Clay, 332 Or 327, 29 P3d 1101 (2001).  