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36 Or. App. 501

State v. Rogers

Court of Appeals of Oregon

Decided October 2, 1978

Court of Appeals of Oregon · decided 1978-10-02

Decided 1978-10-02

PER CURIAM.

¶1The state correctly concedes that this case must be remanded for imposition of a new sentence under State v. Bussey, 34 Or App 535, 579 P2d 264 (1978). If a new hearing is held, cf. State v. Franklin, 36 Or App 413, 584 P2d 368 (1978), the other assignment of error may be mooted. If not, the issue may be raised thereafter.

¶2Reversed and remanded for imposition of new sentence.

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