Opinion
No. 77-4396, CA 9571 No. 77-4398, CA 9580
Argued May 16, reversed and remanded for resentencing May 30, 1978
Appeal from Circuit Court, Lane County.
Edwin E. Allen, Judge.
Marianne Oswald, Deputy Public Defender, Salem, argued the cause for appellant. With her on the brief was Gary D. Babcock, Public Defender, Salem.
Gregory A. Parker, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were James A. Redden, Attorney General, and Al J. Laue, Solicitor General, Salem.
Before Schwab, Chief Judge, and Lee, Richardson and Joseph, Judges.
Reversed and remanded for resentencing. State v. Bussey, 34 Or. App. 535, 579 P.2d 264 (1978), and ORS 161.665(3).