STATE v. TUCKER

MEMORANDUM OPINION

The petitions for review of the State of Oregon and the defendant are denied. The supplemental petition for review of the State of Oregon is allowed. The decision of the Court of Appeals is vacated, and the case is remanded to the Court of Appeals for consideration of the issue raised in the supplemental petition of the State of Oregon.

The petitions for review of the State of Oregon and the defendant are denied. The supplemental petition for review of the State of Oregon is allowed. The decision of the Court of Appeals is vacated, and the case is remanded to the Court of Appeals for consideration of the issue raised in the supplemental petition of the State of Oregon.

Peterson, C.J., and Jones, J., would have allowed review on the original petitions of the State of Oregon and defendant.