FILED: September 8, 2005

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Respondent,

v.

JOHN GARZA, JR.,

Appellant.

03C-47873; A123378

Appeal from Circuit Court, Marion County.

Terry Ann Leggert, Judge.

Argued and submitted July 25, 2005.

Jason E. Thompson argued the cause for appellant. With him on the brief was Ferder Casebeer & French LLP.

Ryan Kahn, 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 Schuman, Presiding Judge, and Brewer, Chief Judge, and Landau, Judge.*

PER CURIAM.

Sentences vacated; remanded for resentencing; otherwise affirmed. State v. Gornick, 196 Or App 397, 102 P3d 734 (2004), rev allowed, 338 Or 583 (2005); State v. Perez, 196 Or App 364, 102 P3d 705 (2004), rev allowed, 338 Or 488 (2005).

* Landau, J., vice Richardson, S. J.


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