FILED: June 2, 1999

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Respondent,

v.

PERCY LEE WARE,

Appellant.

(97-09-37671; CA A101265)

Appeal from Circuit Court, Multnomah County.

Joseph Ceniceros, Judge.

Argued and submitted April 22, 1999.

Stephen J. Williams, Deputy Public Defender, argued the cause for appellant. With him on the brief was David E. Groom, Public Defender.

Jennifer S. Lloyd, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before Haselton, Presiding Judge, and Wollheim, Judge, and Warren, Senior Judge.

PER CURIAM

Reversed and remanded for resentencing. State v. Bagley, 158 Or App 589, ___ P2d ___ (1999).


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