
    Submitted on record and briefs January 31,
    reversed and remanded with instructions to dismiss indictment February 26, 1992
    STATE OF OREGON, Respondent, v. DANNY EUGENE WASHBURN, Appellant.
    
    (9002851CR; CA A68600)
    825 P2d 297
    Sally L. Avera, Public Defender, and J. Marvin Kuhn, Chief Deputy Public, Defender, Salem, filed the brief for appellant.
    Charles S. Crookham, Attorney General, Virginia L. Lin-der, Solicitor General, and Timothy Á. Sylwester, Assistant Attorney General, Salem, filed the brief for respondent.
    Before Richardson, Presiding Judge, and Joseph, Chief Judge, and Durham, Judge.
    PER CURIAM
     