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STATE v. GARZA

03C-47873; A123378.

119 P.3d 300 (2005)

201 Or. App. 527

STATE of Oregon, Respondent, v. John GARZA, Jr., Appellant.

Court of Appeals of Oregon.

Decided September 8, 2005.

Attorney(s) appearing for the Case

Jason E. Thompson, Salem, argued the cause for appellant. With him on the brief was Ferder Casebeer & French LLP.

Ryan Kahn, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before SCHUMAN, Presiding Judge, and BREWER, Chief Judge, and LANDAU, Judge.

PER CURIAM.

Sentences vacated; remanded for resentencing; otherwise affirmed. State v. Gornick, 196 Or.App. 397, 102 P.3d 734 (2004), rev. allowed, 338 Or. 583, 114 P.3d 504 (2005); State v. Perez, 196 Or.App. 364,

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