Petition for Review Allowed.

Appellant's petition for review is allowed. The decision of the Court of Appeals is vacated, and this case is remanded to the Court of Appeals for reconsideration in light of State v. Marshall, 234 Or.App. 159, 227 P.3d 786 (2010), aff'd in part and rev'd in part, 350 Or. 208, 253 P.3d 1017 (2011).