STATE v. SALAS, 119 Or. App. 150 (1993)

848 P.2d 149

STATE OF OREGON, Respondent, v. JOSE FRANCISCO SALAS, Appellant.

86C-20278, 91C-20535; CA A74491 (Control), A74492 (Cases Consolidated)Oregon Court of Appeals.Submitted on record and briefs February 26, 1993
Sentence vacated in part and remanded for resentencing; otherwise affirmed March 31, 1993

Appeal from Circuit Court, Marion County.

Albin Norblad, Judge.

Sally L. Avera, Public Defender, and David C. Degner, Deputy Public Defender, Salem, filed the brief for appellant.

Theodore R. Kulongoski, Attorney General, Virginia L. Linder, Solicitor General, and Timothy A. Sylwester, Assistant Attorney General, Salem, filed the brief for respondent.

Before Richardson, Chief Judge, and Warren and Edmonds, Judges.

PER CURIAM

Sentence for burglary in the first degree in CA A74492 vacated and remanded for resentencing; otherwise affirmed.

Page 151

PER CURIAM

These two cases were consolidated for appeal. Defendant challenges only the sentence imposed on his conviction for burglary in the first degree, ORS 164.225, in CA A74492. The state concedes that the court erred by sentencing defendant under ORS 137.635, rather than under the sentencing guidelines. We accept that concession. State v. Haydon, 116 Or. App. 347, 842 P.2d 410 (1992).

Sentence for burglary in the first degree in CA A74492 vacated and remanded for resentencing; otherwise affirmed.

Page 152