FILED: September 9, 1998

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Appellant,

v.

WAYLON ANDERSON DUNCAN, JR.,

Respondent.

(95477; CA A92306)

Appeal from Circuit Court, Baker County.

Milo Pope, Judge.

Argued and submitted July 29, 1998.

Timothy A. Sylwester, Assistant Attorney General, argued the cause for appellant. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Eric Johansen, Deputy Public Defender, argued the cause for respondent. With him on the brief was Diane L. Alessi, Interim Public Defender.

Before De Muniz, Presiding Judge, Deits, Chief Judge,* and Haselton, Judge.

PER CURIAM

Reversed and remanded for resentencing. State ex rel Huddleston v. Sawyer, 324 Or 597, 932 P2d 1145 (1997); State v. Jackman, 155 Or App 258, P2d (1998).

*Deits, C. J., vice Wollheim, Judge.


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