Opinion
No. 77-5760, CA 10413, 77-5761, CA 10414
Argued August 22, 1978.
Reversed and remanded for resentencing September 6, 1978.
Appeal from the Circuit Court, Lane County, Edwin E. Allen, Judge.
J. Marvin Kuhn, 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. With him on the brief were James A. Redden, Attorney General, and Walter L. Barrie, Solicitor General, Salem.
Before Schwab, Chief Judge, and Thornton and Tanzer, Judges.
Reversed and remanded for resentencing. State v. Bussey, 34 Or. App. 535, 579 P.2d 264 (1978).
Defendant's other assignment of error does not warrant discussion.