Opinion
90-07-34300; CA A67142
Argued and submitted September 27, 1991.
Conviction affirmed; sentence vacated and remanded for Resentencing November 13, 1991
Appeal from Circuit Court, Multnomah County, Nely L. Johnson, Judge.
J. Marvin Kuhn, Chief Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender, Salem.
Thomas H. Denney, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Attorney General, and Virginia L. Linder, Solicitor General, Salem.
Before Warren, Presiding Judge, and Riggs and Edmonds, Judges.
Conviction affirmed; sentence vacated and remanded for resentencing. State v. Racicot, 106 Or. App. 557, 809 P.2d 726 (1991).