
    Submitted October 15,
    reversed and remanded for resentencing November 19, 1979
    STATE OF OREGON, Respondent, v. JOHN HAYDEN HARVEY, Appellant.
    
    (No. 79-41, CA 14339)
    602 P2d 353
    Gary D. Babcock, Public Defender, and David E. oom, Deputy Public Defender, Salem, filed the brief ■ appellant.
    Before Joseph, Presiding Judge, and Lee and ihardson, Judges.
    PER CURIAM
   PER CURIAM

The indictment alleged that defendant’s offense is committed between January 1, 1977, and Decem-¡r 31, 1977. The trial court made no finding that the Pense was committed after October 4, 1977, which is the effective date of Oregon Laws 1977, chapter 2. The state therefore concedes that the court was thout authority to impose a minimum sentence pursuant to ORS 144.110. State v. Bussey, 34 Or App 535, 579 P2d 264 (1978).

Reversed and remanded for resentencing.  