Opinion
03C-40053; A121654.
Argued and submitted October 26, 2004.
Sentence vacated; remanded for resentencing; otherwise affirmed January 12, 2005.
Appeal from Circuit Court, Marion County.
John B. Wilson, Judge.
Rankin Johnson IV, Deputy Public Defender, argued the cause for appellant. With him on the brief were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Office of Public Defense Services.
Christina M. Hutchins, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.
Before Haselton, Presiding Judge, and Linder and Ortega, Judges.
Sentence vacated; remanded for resentencing; otherwise affirmed. State v. Perez, 196 Or App 364, 102 P3d 705 (2004).