Opinion
No. 18-216, CA 10964 No. 18-149, CA 10965
Argued September 18, 1978.
Affirmed in part, reversed and remanded in part September 25, 1978.
Appeal from the Circuit Court, Washington County, Gregory E. Milnes, Judge.
Gary L. Hooper, 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. On the brief were James A. Redden, Attorney General, Walter L. Barrie, Solicitor General, and Kathleen Dodds, Certified Law Student, Salem.
Before Schwab, Chief Judge, and Johnson, Gillette and Roberts, Judges.
PER CURIUM.
Affirmed in part; reversed and remanded in part.
Defendant was convicted of burglary in the first degree, and of assault in the second degree. In light of State v. Bussey, 34 Or. App. 535, 579 P.2d 264 (1978), we reverse and remand for resentencing the judgment order as a result of the burglary conviction. The judgment order resulting from the assault conviction is affirmed.
Affirmed in part; reversed and remanded in part.