Opinion
90C-21178; CA A70381
Argued and submitted February 28, 1992
Conviction affirmed; sentence vacated; remanded for resentencing May 20, 1992 Reconsideration allowed by opinion November 12, 1992 See 116 Or. App. 392 (1992)
Appeal from Circuit Court, Marion County.
Duane R. Ertsgaard, Judge.
David K. Allen, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender, Salem.
Timothy A. Sylwester, 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 Buttler, Presiding Judge, and Rossman and De Muniz, Judges.
Conviction affirmed; sentence vacated; remanded for resentencing. State v. Haydon, 113 Or. App. 205, 832 P.2d 457 (1992).