FILED: October 10, 2001

STATE OF OREGON,

Respondent,

v.

RICHARD SCOTT CALVO,

Appellant.

Appeal from Circuit Court, Marion County.

John B. Wilson, Judge.

Argued and submitted August 29, 2001.

Monica L. Finch, Deputy Public Defender, argued the cause for appellant. With her on the brief was David E. Groom, Public Defender.

Kaye E. McDonald, 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 Landau, Presiding Judge, and Brewer, Judge, and Warren, Senior Judge.

PER CURIAM

Conviction affirmed; remanded for resentencing. State v. Umtuch, 144 Or App 366, 927 P2d 142 (1996), rev den 324 Or 654 (1997).