
    On petition for review from the Court of Appeals filed May 25, 1995,
    
    petition for review allowed; decision of Court of Appeals vacated and case remanded to the Court of Appeals April 23, 1998
    STATE OF OREGON, Respondent on Review, v. JAMES KENJI KNOX, Petitioner on Review.
    
    (CC CM93-0464; CA A79581; SC S42301)
    957 P2d 1209
    Kathryn A. Wood, Corvallis, filed the petition for petitioner on review.
    No appearance contra.
    
    Before Carson, Chief Justice, Gillette, Van Hoomissen, Durham, and Leeson, Justices.
    
    
      
       Appeal from Benton County Circuit Court, Frank D. Knight, Judge. 134 Or App 154, 894 P2d 1185 (1995).
    
    
      
       Graber, J., resigned March 31,1998, and did not participate in the decision of this case; 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. The case is remanded to the Court of Appeals in light of State v. Morton, 326 Or 466, 953 P2d 374 (1998).  