Opinion
C89-05-32780; CA A65872
Argued and submitted December 20, 1991
Probation revocation affirmed; minimum term vacated and remanded for resentencing February 12, 1992
Appeal from Circuit Court, Multnomah County.
Mercedes F. Deiz, Judge.
Sally L. Avera, Public Defender, Salem, argued the cause and filed the brief for appellant.
Janet A. Metcalf, Assistant Attorney General, Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Attorney General, and Virginia L. Linder, Attorney General, Salem.
Before Warren, Presiding Judge, and Riggs and Edmonds, Judges.
PER CURIAM
Probation revocation affirmed; minimum term vacated; remanded for resentencing.
In the probation revocation proceeding, we affirm the revocation. The state concedes that the minimum term imposed is invalid. We accept the concession, vacate the minimum term and remand for resentencing.
Probation revocation affirmed; minimum term vacated; remanded for resentencing.