Resubmitted In Banc June 9, 1993.
De MUNIZ, Judge.
Defendant appeals from the dispositional departure sentences imposed after he was convicted of burglary in the second degree and theft in the first degree. ORS 164.215; ORS 164.055. We remand for resentencing on the burglary conviction.
At approximately 2:30 a.m. on May 18, 1991, a witness heard breaking glass and saw defendant and two other persons enter a mountaineering store in Independence. Shortly...
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