State v. Montano

PER CURIAM

In this criminal case, defendant appeals his conviction for assault in the fourth degree. On the merits, his conviction is affirmed. However, the sentence is vacated and the case is remanded for resentencing to allow the trial court to make an appropriate allocation of the victim’s losses between an automobile collision and the assault, and to consider the factors mandated by ORS 137.106(2).

Conviction affirmed; remanded for resentencing.