Opinion
02113259C; A121583.
Argued and submitted June 28, 2004.
December 15, 2004.
Appeal from Circuit Court, Malheur County. Patricia Sullivan, Judge.
Jamesa J. Drake, Deputy Public Defender, argued the cause for appellant. With her on the brief were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Office of Public Defense Services.
Jonathan H. Fussner, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.
Before Edmonds, Presiding Judge, and Wollheim and Schuman, Judges.
Conviction affirmed; sentence vacated; remanded for resentencing. State v. Gornick, 196 Or App 397, 102 P3d 734 (2004); State v. Ross, 196 Or App 420, 102 P3d 755 (2004).