Opinion
No. 88752, CA 14198 No. 78-08-549, CA 14199
Argued September 5, 1979
No. 14198 affirmed, No. 14199 remanded for entry of correct judgment October 1, 1979 Reconsideration denied November 15, 1979 Petition for review denied December 27, 1979
Appeal from Circuit Court, Clackamas County.
Judges Winston Bradshaw (No. 88752), and Howard J. Blanding (No. 78-8-549).
Argued and submitted September 5, 1979.
Howard R. Lonergan, Portland, argued the cause for appellant. With him on the brief was A. I. Bernstein, Portland.
Robert C. Cannon, 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 Joseph, Presiding Judge, and Lee and Richardson, Judges.
PER CURIAM
No. 14198 is affirmed. No. 14199 is remanded for entry of a correct judgment.
In case number 14199, the state concedes that the judgment order was in error insofar as it designated the conviction on Count II (which charged a misdemeanor) as a felony, and the conviction on Count III (which charged a felony) as a misdemeanor. Case number 14199 is remanded for entry of a correct judgment order and is affirmed in all other respects.
Number 14198 is affirmed.