FILED: March 3, 2004
IN THE COURT OF APPEALS OF THE STATE OF OREGON
DELBERT ELMER EBY,
Two Rivers Correctional Institution,
Appeal from Circuit Court, Umatilla County.
Daniel J. Hill, Judge.
Submitted on record and briefs January 28, 2004.
Hari Nam S. Khalsa filed the briefs for appellant.
Timothy A. Sylwester, Assistant Attorney General, filed the brief for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.
Before Edmonds, Presiding Judge, and Wollheim and Schuman, Judges.
Reversed and remanded with instructions to grant post-conviction relief by vacating petitioner's sentences and remanding case for resentencing; otherwise affirmed. Layton v. Hall, 181 Or App 581, 47 P3d 898 (2002).