
    Argued and submitted March 31,
    reversed and remanded April 20,
    petition for review allowed June 21, 1994 (319 Or 273)
    STATE OF OREGON, Appellant, v. JERRY LEE FLEETWOOD, Respondent.
    
    (CR92167; CA A77709)
    872 P2d 998
    Janie M. Burcart, Assistant Attorney General, argued the cause for appellant. With her on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.
    Louis R. Miles, Deputy Public Defender, argued the cause for respondent. With him on the brief was Sally L. Avera, Public Defender.
    Before Warren, Presiding Judge, and Edmonds and Haselton, Judges.
   PER CURIAM

Reversed and remanded. State v. Bass, 126 Or App 303, 868 P2d 761 (1994).  