FILED: December 29, 2004

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Respondent,

v.

BRANDON LEROY BOSWORTH,

Appellant.

CF020608; A119645

Appeal from Circuit Court, Umatilla County.

Ronald J. Pahl, Judge.

Argued and submitted November 30, 2004.

Peter A. Ozanne, Executive Director, Peter Gartlan, Chief Defender, and Jennelle Meeks Barton, Deputy Defender, Office of Public Defense Services, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Doug M. Petrina, Assistant Attorney General, filed the brief for respondent.

Before Landau, Presiding Judge, and Armstrong, Judge, and Deits, Judge pro tempore.

PER CURIAM

Sentences vacated; remanded for resentencing; otherwise affirmed. State v. Perez, 196 Or App 364, ___ P3d ___ (2004); State v. Dilts, 337 Or 645, ___ P3d ___ (2004)


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