STATE v. CARRUTHERS, 160 Or. App. 90 (1999)

979 P.2d 313

STATE OF OREGON, Respondent — Cross-Appellant, v. TERRY LEE CARRUTHERS, Appellant — Cross-Respondent.

Nos. 960626C2; CA A95880.Oregon Court of Appeals.Argued and submitted March 31, 1999.
Filed: April 21, 1999.

Appeal from Circuit Court, Jackson County, LOREN L. SAWYER, Judge.

Mary M. Reese, Deputy Public Defender, argued the cause for appellant — cross-respondent. With her on the brief was Sally L. Avera, Public Defender. David E. Groom, Public Defender, and Mary M. Reese, Deputy Public Defender, filed the brief for appellant — 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 P.2d 170, rev den 328 Or. 115 (1998); otherwise affirmed.

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