State v. Rogers

The state correctly concedes that this case must be remanded for imposition of a new sentence under State v. Bussey, 34 Or App 535, 579 P2d 264 (1978). If a new hearing is held, cf. State v. Franklin, 36 Or App 413, 584 P2d 368 (1978), the other assignment of error may be mooted. If not, the issue may be raised thereafter.

Reversed and remanded for imposition of new sentence.