FILED: May 3, 2006

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Respondent,

v.

TERRANCE CHRISTOPHER WALSTON,

Appellant.

C031921CR; A123519

Appeal from Circuit Court, Washington County.

Nancy W. Campbell, Judge.

Argued and submitted February 22, 2006.

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

Douglas F. Zier, 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 Landau, Presiding Judge, and Brewer, Chief Judge, and Ortega, Judge.*

PER CURIAM

Sentences vacated; remanded for resentencing; otherwise affirmed. State v. Tarkington, ___ Or App ___, ___ P3d ___ (May 3, 2006).

*Ortega, J., vice Ceniceros, S. J.


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