
    On appellant’s petition for review filed July 24,
    
    petition for review allowed, decision of the Court of Appeals vacated and remanded with instructions October 4, 1990
    STATE OF OREGON, Respondent on Review, v. JAMES ALLEN CLARKE, Petitioner on Review.
    
    (TC CR9-1954-JT; CA A62281; SC S37347)
    798 P2d 671
    Henry M. Silberblatt, Salem, and Sally L. Avera, Public Defender, Salem, filed the petition for petitioner on review.
    No appearance contra.
    
    PER CURIAM
    
      
       Appeal from judgment of Deschutes County District Court, Joseph J. Thalhofer, Judge. 101 Or App 676, 791 P2d 864 (1990).
    
   PER CURIAM

The petition for review is allowed. The decision of the Court of Appeals is vacated, and the case is remanded to the Court of Appeals for further consideration in light of this court’s opinion in State v. Ben, 310 Or 309, 798 P2d 650 (1990).

Petition for review allowed. Decision of the Court of Appeals vacated. Remanded with instructions.  