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FRIAR v. STATE

CC 16-89-03424; CA A61784; SC S37495.

801 P.2d 138 (1990)

310 Or. 774

Sandra FRIAR, Petitioner On Review, v. STATE of Oregon, Respondent On Review.

Supreme Court of Oregon.

Decided November 26, 1990.

Attorney(s) appearing for the Case

George W. Kelly, Eugene, filed the petition for petitioner on review.

Thomas H. Denney, Asst. Atty. Gen., Salem, filed the response to the petition for respondent on review. With him on the response were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

MEMORANDUM OPINION

In this post-conviction case, the Court of Appeals affirmed the judgment of the circuit court without opinion. Friar v. State of Oregon, 103 Or.App. 130, 796 P.2d 401 (1990). After the petition for review was allowed, the state filed a response confessing error, stating,

"Consequently, the state agrees that this case should be remanded to the circuit court for further proceedings, in which further testimony need not be taken, but...

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