Opinion
No. 27992, CA A21157
Argued and submitted January 22, 1982
Conviction affirmed, sentence vacated and caused remanded for resentencing April 19, 1982
Appeal from Circuit Court, Polk County.
Harry Devlin, Judge.
Ernest E. Estes, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.
Robert E. Barton, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Attorney General, and William F. Gary, Solicitor General, Salem.
Before Buttler, Presiding Judge, and Richardson and Warden, Judges.
PER CURIAM
Conviction affirmed, sentence vacated and cause remanded for resentencing.
The judgment of conviction is affirmed. However, because the trial court imposed the statutory minimum sentence of 25 years pursuant to ORS 163.115(5), the sentence is vacated and the cause remanded for resentencing. State v. Shumway, 291 Or. 153, 630 P.2d 796 (1981).