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STATE v. KOVACH

No. 79-30062; CA 17710.

625 P.2d 1388 (1981)

51 Or.App. 739

STATE of Oregon, Respondent, v. John Peter KOVACH, Appellant.

Court of Appeals of Oregon, In Banc.

Resubmitted April 9, 1981.

Decided April 13, 1981.

Attorney(s) appearing for the Case

Robert H. Nagler, Eugene, argued the cause and filed the brief for appellant.

Robert C. Cannon, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James M. Brown, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., and William F. Gary, Deputy Sol. Gen., Salem.

Resubmitted In Banc April 9, 1981.

PER CURIAM.

Reversed and remanded for resentencing. State v. Eastman, 51 Or.App. 723, 626 P.2d 956 (1981).

JOSEPH, C.J., filed a dissenting opinion, joined by THORNTON and WARREN, JJ.

JOSEPH, Chief Judge, dissenting.

I dissent for the reasons stated in my dissent in State v. Eastman, 51 Or.App. 723...

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