Opinion
9110-2315; CA A74777
Submitted on record and briefs February 26, 1993
Sentence vacated in part and remanded for resentencing; otherwise affirmed March 31, 1993
Appeal from Circuit Court, Linn County.
Paul Lipscomb, Judge pro tempore.
Stephen A. Lipton, Salem, filed the brief for appellant.
Theodore R. Kulongoski, Attorney General, Virginia L. Linder, Solicitor General, and Timothy A. Sylwester, Assistant Attorney General, Salem, filed the brief for respondent.
Before Richardson, Chief Judge, and Warren and Edmonds, Judges.
PER CURIAM
Sentence for burglary in the first degree vacated and remanded for resentencing; otherwise affirmed.
Defendant appeals convictions for burglary in the first degree, ORS 164.225, and theft in the third degree. ORS 164.043. He challenges only the sentence imposed for the burglary conviction. The state concedes that the court erred by imposing a sentence under ORS 137.635, rather than under the sentencing guidelines. We accept that concession. State v. Haydon, 116 Or. App. 347, 842 P.2d 410 (1992).
Sentence for burglary in the first degree vacated and remanded for resentencing; otherwise affirmed.