Opinion
91-1226-C-3; CA A71425
Argued and submitted September 30, 1992
Conviction affirmed; remanded for resentencing December 2, 1992
Appeal from Circuit Court, Jackson County.
Mitchell Karaman, Judge.
Eric R. Johansen, Deputy Public Defender, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender, Salem.
Janet A. Klapstein, Assistant Attorney General, Salem, argued the cause for respondent. With her 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.
PER CURIAM
Conviction affirmed; remanded for resentencing.
Defendant appeals his conviction and sentence for robbery in the first degree. ORS 164.415. His first assignment of error does not require discussion.
Defendant is correct that the court erred in disregarding the sentencing guidelines when it sentenced pursuant to ORS 137.635. State v. Haydon, 111 Or. App. 205, 832 P.2d 457, on recon 116 Or. App. 347, 842 P.2d 410 (1992).
Conviction affirmed; remanded for resentencing.