
    Argued and submitted November 10, 1980; resubmitted in banc April 9,
    reversed and remanded for resentencing April 13,
    reconsideration denied June 9, petition for review allowed July 21, 1981 (291 Or 368)
    STATE OF OREGON, Respondent, v. JOHN PETER KOVACH, Appellant.
    
    (No. 79-30062, CA 17710)
    625 P2d 1388
    Robert H. Nagler, Eugene, argued the cause and filed the brief for appellant.
    Robert C. Cannon, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were James M. Brown, Attorney General, John R. McCulloch, Jr., Solicitor General, and William F. Gary, Deputy Solicitor General, Salem.
   PER CURIAM.

Reversed and remanded for resentencing. State v. Eastman, 51 Or App 723, 626 P2d 956 (1981).

Joseph, C.J., filed a dissenting opinion, joined by Thornton and Warren, JJ.

JOSEPH, C. J.,

dissenting.

I dissent for the reasons stated in my dissent in State v. Eastman, 51 Or App 723, 626 P2d 956 (1981).

THORNTON, J. and WARREN, J., join in this dissent. 
      
       Young, J. did not participate
     