
    Submitted on record and appellant’s brief October 29,
    reversed and remanded November 10, 1975
    STATE OF OREGON, Respondent, v. KENNETH DUANE DEAN, Appellant.
    
    (No. 75-108, CA 4950)
    541 P2d 1071
    Gary D. Babcock, Public Defender, and J. Marvin Kuhn, Deputy Public Defender, Salem, filed the brief for appellant.
    Lee Johnson, Attorney General, W. Michael Gillette, Solicitor General, and Rhidian M. M. Morgan, Assistant Attorney General, Salem, appeared for respondent.
    Before Schwab, Chief Judge, and Langtry and Foley, Judges.
   PER CURIAM.

The state confesses error.

Reversed and remanded.  