Opinion
CF 90-629; CA A70082
Argued and submitted March 31, 1992
Convictions affirmed; sentences vacated; remanded for resentencing April 22, 1992
Appeal from Circuit Court, Umatilla County.
R.J. Courson, Judge.
Timothy A. Sylwester, Assistant Attorney General, Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Attorney General, and Virginia L. Linder, Solicitor General, Salem.
David K. Allen, Deputy Public Defender, Salem, argued the cause for respondent. With him on the brief was Sally L. Avera, Public Defender, Salem.
Before Warren, Presiding Judge, and Riggs and Edmonds, Judges.
Convictions affirmed; sentences vacated; remanded for resentencing. State v. Spinney, 109 Or. App. 573, 820 P.2d 854, rev dismissed 313 Or. 75 (1992).