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STATE v. BARAJAS

CC 920534889; CA A75949; SC S41439.

920 P.2d 1097 (1996)

324 Or. 40

STATE of Oregon, Petitioner on Review, v. Lucilo Romero BARAJAS, Respondent on Review.

Supreme Court of Oregon.

Decided August 15, 1996.

Attorney(s) appearing for the Case

Michael C. Livingston, Assistant Attorney General, Salem, argued the cause for petitioner on review. With him on the briefs were Theodore R. Kulongoski, Attorney General, Virginia L. Linder, Solicitor General, and Timothy A. Sylwester, Assistant Attorney General.

Peter Gartlan, Deputy Public Defender, Salem, argued the cause for respondent on review. With him on the brief was Sally L. Avera, Public Defender.

Before CARSON, C.J., and GILLETTE, FADELEY, GRABER and DURHAM, JJ.

MEMORANDUM OPINION

The decision of the Court of Appeals is vacated, and the case is remanded to the Court of Appeals for reconsideration in the light of State v. Cookman, 324 Or. 19, 920 P.2d 1086 (1996) (decided this date).

GILLETTE, J., filed an opinion concurring in part and dissenting in part.

GILLETTE, Justice, concurring in part, dissenting in part.

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