
    Submitted on record and briefs July 28,
    sentence vacated; remanded for resentencing; otherwise affirmed August 31, 2005
    STATE OF OREGON, Respondent, v. ALFRED NIKO III, Appellant.
    
    02750; A123250
    118 P3d 851
    Peter A. Ozanne, Executive Director, Peter Gartlan, Chief Defender, Legal Services Division, and Eric Johansen, Senior Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.
    Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Erika L. Hadlock, Assistant Solicitor General, filed the brief for respondent.
    Before Landau, Presiding Judge, and Schuman and Ortega, Judges.
    PER CURIAM
    
      
       Schuman, J., vice Richardson, S. J.
    
   PER CURIAM

Defendant was convicted of burglary in the first degree. ORS 164.225. The trial court imposed an upward durational departure sentence based on findings that the victim was especially vulnerable and that defendant had violated a position of trust. On appeal, defendant challenges only the sentence, arguing that, under Blakely v. Washington, 542 US 296, 124 S Ct 2531, 159 L Ed 2d 403 (2004), and Apprendi v. New Jersey, 530 US 466, 120 S Ct 2348, 147 L Ed 2d 435 (2000), the court erred in imposing a departure sentence based on facts that defendant did not admit and that the com! did not submit to a jury. He concedes that he did not advance such a challenge to the trial court, but argues that the sentence should be reviewed as plain error. The state concedes that, under our decisions in State v. Gornick, 196 Or App 397, 102 P3d 734 (2004), rev allowed, 338 Or 583 (2005), and State v. Perez, 196 Or App 364, 102 P3d 705 (2004), rev allowed, 338 Or 488 (2005), the sentence is plainly erroneous. We accept the state’s concession and, for the reasons discussed in those cases, exercise our discretion to correct the error.

Sentence vacated; remanded for resentencing; otherwise affirmed.  