Opinion
91CR-1656; CA A72465
Argued and submitted March 31, 1993
Conviction affirmed; remanded for resentencing May 12, 1993 Respondent's motion for reconsideration filed July 20 allowed by opinion September 1, 1993 See 123 Or. App. 91 (1993)
Appeal from Circuit Court, Coos County.
Richard L. Barron, Judge.
David K. Allen, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender, Salem.
Timothy A. Sylwester, Assistant Attorney General, Salem, argued the cause for respondent. On the brief were Theodore R. Kulongoski, Attorney General, Virginia L. Linder, Solicitor General, and Janet A. Klapstein, Assistant Attorney General, Salem.
Before Warren, Presiding Judge, and Rossman and Edmonds, Judges.
Conviction affirmed; remanded for resentencing. State v. Morgan, 116 Or. App. 338, 842 P.2d 406 (1992), rev allowed 315 Or. 442 (1993).