¶1Marilyn C. McManus, Deputy Public Defender, Salem, argued the cause for appellant. With her on the brief was Gary D. Babcock, Public Defender, Salem.
¶2Virginia L. Linder, Certified Law Student, Salem, argued the cause for respondent. With her on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.
¶3Before TANZER, P.J., and THORNTON and CAMPBELL, JJ.
¶4PER CURIAM.
¶5Reversed and remanded for new trial. State v. Ponce,43 Or. App. 665, 603 P.2d 1243 (1979).