STATE v. HAYDON

90C-21630; CA A69008.

842 P.2d 410 (1992)

116 Or. App. 347

STATE of Oregon, Respondent, v. James Mark HAYDON, Appellant.

Court of Appeals of Oregon.

Decided November 12, 1992.


Attorney(s) appearing for the Case

Charles S. Crookham, Atty. Gen., Virginia L. Linder, Sol. Gen., and Timothy A. Sylwester, Asst. Atty. Gen., Salem, for petition.

Before BUTTLER, P.J., and ROSSMAN and DE MUNIZ, JJ.


On Respondent's Petition for Reconsideration May 20, 1992.

DE MUNIZ, Judge.

Treating the state's petition as one for reconsideration, ORAP 9.15, we allow it, withdraw our former opinion and remand for resentencing.

Defendant challenged the sentences for his convictions for robbery and burglary imposed under ORS 137.635, the codification of Ballot Measure 4, adopted by the voters in 1988, which provides, in part:

"(1) When, in the case of a...

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