FILED: October 7, 1998

STATE OF OREGON,

Appellant,

v.

RANDY DALE SMITH,

Respondent.

Appeal from Circuit Court, Jackson County.

Loren L. Sawyer, Judge.

Submitted on record and briefs June 30, 1998.

Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Timothy A. Sylwester, Assistant Attorney General, filed the brief for appellant.

Sally A. Avera, Public Defender, and Steven V. Humber, Deputy Public Defender, filed the brief for respondent.

Before Warren, Presiding Judge, and Edmonds and Armstrong, Judges.

PER CURIAM

Conviction affirmed; remanded for resentencing. State v. Jackman, 155 Or App 358, ___ P2d ___ (1998); State v. Shoemaker, 155 Or App 416, ___ P2d ___ (1998); State v. DuBois, 152 Or App 515, 954 P2d 1264 (1998).