
    Argued and submitted January 12, 1995, decision
    of the Court of Appeals vacated, and case remanded to the Court of Appeals for reconsideration August 15, 1996
    See 145 Or App 600, 930 P2d 1180 (1997)
    STATE OF OREGON, Petitioner on Review, v. LUCILO ROMERO BARAJAS, Respondent on Review.
    
    (CC 920534889; CA A75949; SC S41439)
    920 P2d 1097
    Michael C. Livingston, Assistant Attorney General, Salem, argued the cause for petitioner on review. With him on the briefs were Theodore R. Kulongoski, Attorney General, Virginia L. Linder, Solicitor General, and Timothy A. Sylwester, Assistant Attorney General.
    Peter Gartlan, Deputy Public Defender, Salem, argued the cause for respondent on review. With him on the brief was Sally L. Avera, Public Defender.
    Before Carson, Chief Justice, and Gillette, Fadeley, Graber, and Durham, Justices.
    
    
      
       Appeal from Union County Circuit Court, Ronald D. Schenck, Judge. 127 Or App 749, 873 P2d 344 (1994).
    
    
      
       Van Hoomissen, J., did not participate in the consideration or decision of this case; Unis, J., retired June 30,1996, and did not participate in this decision.
    
   MEMORANDUM OPINION

The decision of the Court of Appeals is vacated, and the case is remanded to the Court of Appeals for reconsideration in the light of State v. Cookman, 324 Or 19, 920 P2d 1086 (1996).

Gillette, J., filed an opinion concurring in part and dissenting in part.

GILLETTE, J.,

concurring in part, dissenting in part.

I concur in part and dissent in part for the reasons expressed in my concurring and dissenting opinion in State v. Cookman, 324 Or 19, 920 P2d 1086 (1996).  