FILED: July 27, 2005

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Respondent,

v.

DENNIS MARTIN MURRAY,

Appellant.

02CR0274; A118634

Appeal from Circuit Court, Josephine County.

Gerald C. Neufeld, Judge.

Argued and submitted February 1, 2005.

James N. Varner argued the cause and filed the brief for appellant.

Joanna L. Jenkins, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before Wollheim, Presiding Judge, and Edmonds* and Schuman, Judges.

PER CURIAM

Sentences vacated; remanded for resentencing; otherwise affirmed. State v. Perez, 196 Or App 364, 102 P3d 705 (2004), rev allowed, 338 Or 488 (2005).

*Edmonds, J., vice Ceniceros, S. J.