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In the Matter of the Marriage of DREVERS, Petitioner (below), and DREVERS, Respondent (below). STATE ex rel DREVERS, Respondent on Re v. ew,

PER CURIAM

The decision of the Court of Appeals and the judgment of the circuit court are reversed. The case is remanded to circuit court for further proceedings in light of Hicks v. Feiock, 485 U.S. 624, 108 S Ct 1423, 99 L Ed 2d 721 (1988).

PER CURIAM

In this proceeding, the defendant was found in contempt and ordered "placed in the custody of the Yamhill County Sheriff for a period not to exceed 30 days." The defendant appealed, claiming that the state did not prove that the defendant wilfully disobeyed a court order. The Court of Appeals affirmed without opinion. 95 Or. App. 582, 770 P.2d 619 (1989).

After the trial court's decision, but before the Court of Appeals' decision, the Supreme Court of the United States decided Hicks v. Feiock, 485 U.S. 624, 108 S Ct 1423, 99 L Ed 2d 721 (1988), and held that, in criminal contempt cases, the contempt must be proved beyond a reasonable doubt. After the defendant filed a petition for review, the plaintiff State of Oregon joined in the request that this case be remanded to the trial court for further proceedings in light of Hicks. We therefore reverse the decision of the Court of Appeals and the judgment of the circuit court and remand this case to the circuit court for further proceedings in light of Hicks v. Feiock, supra.

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DREVERS AND DREVERS
(Oct 26, 1989)