Opinion
Nos. C 77-11-16431, C 76-12-16847, C 77-04-06221, CA 10703
Argued August 22, 1978.
Reversed and remanded for imposition of new sentence October 2, 1978.
Appeal from the Circuit Court, Multnomah County, Robert E. Jones, Judge.
James E. Mountain, Jr., argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.
Gregory A. Parker, 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.
PER CURIAM.
Reversed and remanded for imposition of new sentence.
The state correctly concedes that this case must be remanded for imposition of a new sentence under State v. Bussey, 34 Or. App. 535, 579 P.2d 264 (1978). If a new hearing is held, cf. State v. Franklin, 36 Or. App. 413, 584 P.2d 368 (1978), the other assignment of error may be mooted. If not, the issue may be raised thereafter.
Reversed and remanded for imposition of new sentence.