Opinion
20-03-02046; A121228.
Submitted on record and briefs September 30, 2004.
December 15, 2004.
Appeal from Circuit Court, Lane County. Bryan T. Hodges, Judge.
Susan Fair Drake, Senior Deputy Public Defender, filed the brief for appellant. With her on the brief were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Office of Public Defense Services.
Jonathan H. Fussner, Assistant Attorney General, filed the brief for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.
Before Edmonds, Presiding Judge, and Wollheim and Schuman, Judges.
Conviction affirmed; sentence vacated; remanded for resentencing. State v. Gornick, 196 Or App 397, ___ P3d ___ (2004).