Opinion
Submitted on Petition for Review Oct. 21, 1983.
On review from the Court of Appeals.
Appeal from Multnomah County Circuit Court, Philip T. Abraham, Judge. 64 Or.App. 855, 669 P.2d 843 (1983).
Gary D. Babcock, Public Defender, and David E. Groom, Deputy Public Defender, Salem, for the petition.
James E. Mountain, Jr., Sol. Gen., Salem, contra.
MEMORANDUM OPINION.
The petition for review is allowed.
The Court of Appeals is affirmed. That portion of defendant's sentence imposing a 10-year mandatory minimum sentence is vacated, State v. Macy, 295 Or. 738, 671 P.2d 92 (1983).