FILED: October 18, 2000

STATE OF OREGON,

Respondent,

v.

JOHN ANTHONY LAWRENCE,

Appellant.

Appeal from Circuit Court, Linn County.

Glen Baisinger, Judge.

Argued and submitted September 29, 2000.

Dan Maloney, Deputy Public Defender, argued the cause for appellant. With him on the brief was David E. Groom, Public Defender.

Timothy A. Sylwester, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before Edmonds, Presiding Judge, and Armstrong, Judge, and Ceniceros, Senior Judge.

PER CURIAM

Reversed and remanded for new trial. State v. Maddox, 165 Or App 573, 997 P2d 276, rev pending (2000).