Opinion
C940698CR; CA A86521
Argued and submitted January 31, Reversed and remanded in part; vacated in part; Otherwise affirmed in part May 29, 1996
Appeal from Circuit Court, Washington County.
Mark Gardner, Judge.
Eric R. Johansen, Deputy Public Defender, argued the cause for appellant. With him on the briefs was Sally L. Avera, Public Defender.
Timothy A. Sylwester, Assistant Attorney General, argued the cause for respondent. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.
Before Deits, Presiding Judge, and De Muniz and Haselton, Judges.
PER CURIAM
Conviction for first degree robbery reversed and remanded for new trial; compensatory fine vacated; otherwise affirmed. State v. Alben, 139 Or. App. 236, 911 P.2d 1239, rev den 323 Or. 153 (1996).