MEMORANDUM OPINION
The petition for review is allowed. The decision of the Court of Appeals is vacated. The case is remanded to the Court of Appeals for further consideration in light of State v. Fugate, 332 Or 195, 26 P3d 802 (2001).
STATE OF OREGON, Respondent on Review, v. ERIC LEE PRESLEY, Petitioner on Review
333 Or. 26139 P.3d 174
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