State v. McElroy

FILED: July 7, 1999

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Respondent,

v.

TIMOTHY ROSS MCELROY,

Appellant.

(C962716CR; CA A97260)

Appeal from Circuit Court, Washington County.

Gayle Nachtigal, Judge.

Argued and submitted January 27, 1999.

Walter J. Ledesma, Deputy Public Defender, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender.

Timothy A. Sylwester, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before De Muniz, Presiding Judge, and Deits, Chief Judge, and Haselton, Judge.

HASELTON, J.

Reversed and remanded for resentencing; otherwise affirmed.