Court of Appeals of Oregon, 1978

State v. Rogers

State v. Rogers
Court of Appeals of Oregon · Decided October 2, 1978 · Schwab, Tanzer, Thornton
36 Or. App. 501; 584 P.2d 369; 1978 Ore. App. LEXIS 1944

State v. Rogers

Opinion of the Court

PER CURIAM.

The 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.

Reversed and remanded for imposition of new sentence.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.