STATE v. PRESELY

The petition for review is allowed. The decision of the Court of Appeals is vacated. The case is remanded to the Court of Appeals for further consideration in light of State v. Fugate , 332 Or. 195, 26 P.3d 802 (2001).

[*] Appeal from Multnomah County Circuit Court, Roosevelt Robinson, Judge. 163 Or. App. 410, 988 P.2d 918 (1999).