
    Submitted on petition for review filed December 6, 1995,
    petition for review allowed; decision of the Court of Appeals vacated and case remanded to the Court of Appeals for reconsideration January 16,
    reconsideration denied March 4, 1997
    See 148 Or App 271, 937 P2d 1262 (1997)
    STATE OF OREGON, Petitioner on Review, v. SAMUEL ROBERT RUDDER, Respondent on Review.
    
    (DC 93NB1223; CA A82625; SC S42827)
    929 P2d 1009
    Jonathan H. Fussner, Assistant Attorney General, Salem, filed the petition for petitioner on review.
    No appearance contra.
    
    Before Carson, Chief Justice, and Gillette, Van Hoomissen, Fadeley, Graber, and Durham, Justices.
    
    
      
       Kulongoski, 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, and the case is remanded to the Court of Appeals for reconsideration in the light of State v. Webb, 324 Or 380, 927 P2d 79 (1996).  