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STATE v. CLARKE

TC CR9-1954-JT; CA A62281; SC S37347.

798 P.2d 671 (1990)

310 Or. 419

STATE of Oregon, Respondent On Review, v. James Allen CLARKE, Petitioner On Review.

Supreme Court of Oregon, In Banc.

October 4, 1990.

Attorney(s) appearing for the Case

Henry M. Silberblatt, Salem, and Sally L. Avera, Public Defender, Salem, filed the petition for petitioner on review.

No appearance contra.

PER CURIAM.

The petition for review is allowed. The decision of the Court of Appeals is vacated, and the case is remanded to the Court of Appeals for further consideration in light of this court's opinion in State v. Ben, 310 Or. 309, 798 P.2d 650 (1990).

Petition for review allowed. Decision of the Court of Appeals vacated. Remanded with...

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