
    Submitted on record and briefs May 23,
    sentence vacated; remanded for resentencing; otherwise affirmed June 22, 2005
    STATE OF OREGON, Respondent, v. HARRY GALE TEIGEN, Appellant.
    
    030955; A122877
    114 P3d 539
    Peter A. Ozanne, Executive Director, Peter Gartlan, Chief Defender, and Ernest G. Lannet, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.
    Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Christina M. Hutchins, Assistant Attorney General, filed the brief for respondent.
    Before Landau, Presiding Judge, and Brewer, Chief Judge, and Armstrong, Judge.
    PER CURIAM
    
      
       Brewer, C. J., vice Ceniceros, S. J.
    
   PER CURIAM

Defendant pleaded guilty to felony assault in the fourth degree. The trial court imposed a departure sentence based on a finding of persistent involvement in similar offenses. On appeal, defendant argues that the sentence is unlawful because it is based on facts not admitted or found by a jury, in violation of Blakely v. Washington, 542 US 296, 124 S Ct 2531, 159 L Ed 2d 403 (2004). The state concedes that, in light of our decision in State v. Perez, 196 Or App 364, 102 P3d 705 (2004), rev allowed, 338 Or 488 (2005), defendant is correct. We accept the concession.

Sentence vacated; remanded for resentencing; otherwise affirmed.  