Opinion
C94-09-36044; CA A88016
Argued and submitted February 28; resubmitted In Banc July 10, convictions affirmed; remanded for resentencing August 28, 1996
In Banc
Appeal from Circuit Court, Multnomah County.
Linda Bergman, Judge.
David C. Degner, Deputy Public Defender, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender.
Timothy A. Sylwester, Assistant Attorney General, argued the cause for respondent. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.
Convictions affirmed; remanded for resentencing. State v. Allison, 143 Or. App. 241, 923 P.2d 1224 (1996); State v. Brown, 143 Or. App. 263, 923 P.2d 1236 (1996).
Leeson, J., concurring.
I concur in this case for the same reasons stated in my concurrence in State v. Allison, 143 Or. App. 241, 256, 923 P.2d 1224 (1996).
Deits, Riggs and De Muniz, JJ., join in this concurring opinion.