Opinion
90CR-1746; CA A72198
Argued and submitted November 30, 1992
Conviction affirmed; remanded for resentencing December 23, 1992
Appeal from Circuit Court, Coos County.
Robert Walberg, Judge.
Stephen J. Williams, Salem, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender, Salem.
Jonathan H. Fussner, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Charles S. Crookham, Attorney General, and Virginia L. Linder, Solicitor General, Salem.
Before Buttler, Presiding Judge, and Rossman and De Muniz, Judges.
PER CURIAM
Conviction affirmed; remanded for resentencing.
Defendant was convicted of theft in the first degree. He appeals, challenging only the special conditions of his probation. ORS 138.060; ORS 138.053(1)(c). He was ordered to enroll in an alcohol treatment program, abstain from using intoxicants and voluntarily submit to breath or blood tests when requested by his probation officer.
The state concedes that there was no connection between the consumption of alcohol and commission of the crime. We accept the concession.
Conviction affirmed; remanded for resentencing.