FILED: April 27, 2005

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Respondent,

v.

DANIEL SHANE KINGERY,

Appellant.

01CR1085FE; A119981

On remand from the Oregon Supreme Court, State v. Kingery, 338 Or 124, 108 P3d 1173 (2005).

Appeal from Circuit Court, Douglas County.

Thomas Kolberg, Judge.

Submitted on remand March 21, 2005.

Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, and Ernest G. Lannet, Deputy Public Defender, Office of Public Defense Services, for appellant.

No appearance on remand for respondent.

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

PER CURIAM

Sentence on Count 1 vacated and remanded for resentencing; otherwise affirmed. State v. Dilts, 337 Or 645, 103 P3d 95 (2004); State v. Perez, 196 Or App 364, 102 P3d 705 (2004).