Oregon Court of AppealsSep 29, 1993
120 Or. App. 245 (Or. Ct. App. 1993)
120 Or. App. 245850 P.2d 1173

10-91-06698; CA A74521

Argued and submitted March 31, 1993

Conviction affirmed; remanded for resentencing May 12, 1993 Respondent's motion for reconsideration filed July 20 allowed by opinion September 29, 1993 See 123 Or. App. 432 (1993)

Appeal from Circuit Court, Lane County.

F. Gordon Cottrell, Judge.

Jesse Wm. Barton, 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 Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General, Salem.

Before Warren, Presiding Judge, and Edmonds and De Muniz, Judges.

Conviction affirmed; remanded for resentencing. State v. Morgan, 116 Or. App. 338, 842 P.2d 406 (1992), rev allowed 315 Or. 442 (1993).