State v. Scott

Full title: STATE OF OREGON, Respondent, v. EDWARD L. SCOTT, Appellant

Court: Oregon Court of Appeals

Date published: Oct 20, 1980

617 P.2d 973 (Or. Ct. App. 1980)

617 P.2d 973

Opinion

No. J77-2655, CA 14753

Argued and submitted July 28, 1980

Reversed and remanded for resentencing October 20, 1980

Appeal from Circuit Court, Douglas County.

Don H. Sanders, Judge.

Argued and submitted July 28, 1980.

Richard A. Cremer, Assistant Public Defender, Roseburg, argued the cause and filed the brief for appellant.

Karen H. Green, Assistant Attorney General, Salem, argued the cause for respondent. With her on the brief were James A. Redden, Attorney General, and Walter L. Barrie, Solicitor General, Salem.

Before Richardson, Presiding Judge, and Thornton and Buttler, Judges.

PER CURIAM.

Reversed and remanded for resentencing.

PER CURIAM.

Defendant and his wife were indicted in separate indictments charging the crimes of unlawfully obtaining public assistance and theft in the first degree. Both indictments contained identical allegations. Defendant was convicted of both charges but challenges only the conviction for theft in the first degree. For the reasons stated in the opinion respecting his wife's appeal, State v. Scott, 48 Or. App. 623, 617 P.2d 681 (1980), defendant's conviction for theft is reversed.

Reversed and remanded for resentencing.