Opinion
No. J79-2974, CA 17243
Argued and submitted August 25, 1980 Remanded for resentencing September 15, 1980 Appellant's reconsideration denied October 23, 1980
Former opinion modified October 27, 1980 Appellant's petition for review denied November 10, 1980
Appeal from Circuit Court, Douglas County.
Charles S. Woodrich, Judge.
Marianne Bottini, Deputy Public Defender, Salem, argued the cause for appellant. With her on the brief was Gary D. Babcock, Public Defender, Salem.
Margaret Frank, Certified Law Student, Salem, argued the cause for respondent. With her on the brief were James M. Brown, Attorney General, John R. McCulloch, Jr., Solicitor General, and William F. Gary, Deputy Solicitor General, Salem.
Before Gillette, Presiding Judge, and Roberts and Campbell, Judges.
PER CURIAM.
Remanded for resentencing.
In this appeal, defendant challenges the sufficiency of the evidence to support his conviction for Robbery in the First Degree and Robbery in the Second Degree. There was sufficient evidence. See State v. Krummacher, 269 Or. 125, 523 P.2d 1009 (1974).
The state does acknowledge, however, that "[i]n light of State v. Perkins, 45 Or. App. 91, 607 P.2d 1202 (1980), decided one day prior to the entry of defendant's judgments of conviction [in the present case], * * * the defendant participated in only one robbery."
Remanded for resentencing.