FILED: December 15, 2004

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Respondent,

v.

FLOYD THORNTON,

Appellant.

02113259C; A121583

Appeal from Circuit Court, Malheur County.

Patricia Sullivan, Judge.

Argued and submitted June 28, 2004.

Jamesa J. Drake, Deputy Public Defender, argued the cause for appellant. With her on the brief were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Office of Public Defense Services.

Jonathan H. Fussner, Assistant Attorney General, argued the cause 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.

PER CURIAM

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


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