Opinion
No. 32378, CA 9950
Argued August 22, 1978.
Reversed and remanded for resentencing September 6, 1978, reconsideration denied October 10, petition for review denied October 24, 1978, 284 Or. 80 a.
Appeal from the Circuit Court, Benton County, Frank D. Knight, Judge.
James E. Mountain, Jr., Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.
Thomas H. Denney, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were James A. Redden, Attorney General, and Walter L. Barrie, Solicitor General, Salem.
Before Schwab, Chief Judge, and Thornton and Tanzer, Judges.
Reversed and remanded for resentencing. State v. Bussey, 34 Or. App. 535, 579 P.2d 264 (1978).
Defendant's other assignments of error do not warrant discussion.