FILED: December 15, 2004

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Respondent,

v.

LUIS AGUILAR-AVILA,

Appellant.

00C-53561, 02C-48219; A119821 (Control), A120349
(Cases Consolidated)

Appeal from Circuit Court, Marion County.

John B. Wilson, Judge.

Argued and submitted September 30, 2004.

David C. Degner, Deputy Public Defender, argued the cause for appellant. With him on the briefs were Peter Gartlan, Chief Defender, and Peter A. Ozanne, Executive Director, Office of Public Defense Services.

Timothy Sylwester, Assistant Attorney General, argued the cause for respondent. With him on the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before Edmonds, Presiding Judge, and Wollheim and Schuman, Judges

PER CURIAM

Conviction affirmed; sentence vacated; remanded for resentencing. State v. Gornick, 196 Or App ___, ___ P3d ___ (December 8, 2004); State v. Thackaberry, 194 Or App 511, ___ P3d ___ (2004).


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