Opinion
90-10-5117-C; CA A71107
Submitted on record and briefs June 29, 1992
Conviction affirmed; remanded for resentencing December 2, 1992 Reconsideration denied February 17, 1993 Petition for review pending 1993
Appeal from Circuit Court, Malheur County.
Burdette Pratt, Judge pro tempore.
Jesse Wm. Barton, Assistant Public Defender, Salem, filed the brief for appellant. With him on the brief was Sally L. Avera, Public Defender, Salem.
Timothy A. Sylwester, Assistant Attorney General, Salem, filed the brief for respondent. With him on the brief were Charles S. Crookham, Attorney General, and Virginia L. Linder, Solicitor General, Salem.
Before Warren, Presiding Judge, and Riggs and Edmonds, Judges.
Conviction affirmed; remanded for resentencing. State v. Morgan, 116 Or. App. 338, 842 P.2d 406 (1992).