FILED: July 15, 1998

STATE OF OREGON,

Appellant,

v.

DALLAS RAY STEVENS,

Respondent.

On remand from the Oregon Supreme Court. State ex rel Carlile v. Frost, 326 Or 607, 956 P2d 202 (1998).

Appeal from Circuit Court, Linn County.

Jackson L. Frost, Judge.

Order Granting Motion for Summary Determination of Appealability and Order of Dismissal filed January 17, 1997.

Submitted on remand June 12, 1998.

Hardy Myers, Attorney General, Virginia L. Linder, Solicitor General, and Janet A. Metcalf, Assistant Attorney General, for appellant.

Sally L. Avera, Public Defender, and Diane L. Alessi, Deputy Public Defender, for respondent.

Before De Muniz, Presiding Judge, and Deits, Chief Judge, and Haselton, Judge.

PER CURIAM

Reversed and remanded. State ex rel Carlile v. Frost, 326 Or 607, 956 P2d 202 (1998).

PER CURIAM.

The Supreme Court has remanded this case following its decision in State ex rel Carlile v. Frost, 326 Or 607, 956 P2d 202 (1998). The Supreme Court there held that we were wrong in dismissing, by order, the state's appeal in this case from the trial court's order excluding evidence from the penalty phase proceeding in defendant's death penalty case. After deciding the appealability issue, the Supreme Court determined that the evidence could be admitted. Id. at 617-18. Accordingly, we reverse and remand.

Reversed and remanded.