Opinion
00C-53561, 02C-48219; A119821 (Control), A120349 (Cases Consolidated).
Argued and submitted September 30, 2004.
December 15, 2004.
Appeal from Circuit Court, Marion County. John B. Wilson, Judge.
David C. Degner, Deputy Public Defender, argued the cause for appellant. With him on the briefs 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. With him on the briefs 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); State v. Thackaberry, 194 Or App 511, 95 P3d 1142 (2004).