
    Argued and submitted July 28,
    reversed and remanded for resentencing October 20, 1980
    STATE OF OREGON, Respondent, v. EDWARD L. SCOTT, Appellant.
    
    (No. J77-2655, CA 14753)
    617 P2d 973
    Argued and submitted July 28, 1980.
    Richard A. Cremer, Assistant Public Defender, Roseburg, argued the cause and filed the brief for appellant.
    Karen H. Green, Assistant Attorney General, Salem, argued the cause for respondent. With her on the brief were James A. Redden, Attorney General, and Walter L. Barrie, Solicitor General, Salem.
    Before Richardson, Presiding Judge, and Thornton and Buttler, Judges.
    PER CURIAM.
   PER CURIAM.

Defendant and his wife were indicted in separate indictments charging the crimes of unlawfully obtaining public assistance and theft in the first degree. Both indictments contained identical allegations. Defendant was convicted of both charges but challenges only the conviction for theft in the first degree. For the reasons stated in the opinion respecting his wife’s appeal, State v. Scott, 48 Or App 623, 617 P2d 681 (1980), defendant’s conviction for theft is reversed.

Reversed and remanded for resentencing.  