FILED: April 21, 1999

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Respondent - Cross-Appellant,

v.

TERRY LEE CARRUTHERS,

Appellant - Cross-Respondent.

(960626C2; CA A95880)

Appeal from Circuit Court, Jackson County.

Loren L. Sawyer, Judge.

Argued and submitted March 31, 1999.

Mary M. Reese, Deputy Public Defender, argued the cause for appellant - cross-respondent. With her on the brief were Sally L. Avera, Public Defender. David E. Groom, Public Defender, and Mary M. Reese, Deputy Public Defender, filed the brief for cross-respondent.

Douglas F. Zier argued the cause for respondent - cross-appellant. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before Edmonds, Presiding Judge, and Deits, Chief Judge, and Armstrong, Judge.

PER CURIAM

Convictions affirmed on appeal; on cross-appeal, sentence vacated and remanded with instructions to impose sentence in accordance with ORS 137.700. State v. Jackman, 155 Or App 358, 963 P2d 170, rev den 328 Or 115 (1998); otherwise affirmed.


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