Opinion
02C47902; A121060.
Argued and submitted September 30, 2004.
November 10, 2004.
Appeal from Circuit Court, Marion County. Susan M. Tripp, Judge.
David C. Degner, Deputy Public Defender, argued the cause for appellant. With him on the brief were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Office of Public Defense Services.
Timothy Sylwester, Assistant Attorney General, argued the cause for respondent. On the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General, and Jonathan H. Fussner, Assistant Attorney General.
Before Edmonds, Presiding Judge, and Wollheim and Schuman, Judges.
Sentence vacated; remanded for resentencing; otherwise affirmed. State v. Sawatzky, 195 Or App 159, 96 P3d 1288 (2004).