Opinion
10-91-03582; CA A71503
Argued and submitted September 30, 1992
Conviction affirmed; remanded for resentencing November 4, 1992 Reconsideration denied December 16, 1993 Petition for review denied February 23, 1993 ( 315 Or. 443)
Appeal from Circuit Court, Lane County.
Jack L. Mattison, Judge.
James N. Varner, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender, Salem.
Ann F. Kelley, Assistant Attorney General, Salem, argued the cause for respondent. With her on the brief were Charles S. Crookham, Attorney General, and Virginia L. Linder, Solicitor General, Salem.
Before Warren, Presiding Judge, and Riggs and Edmonds, Judges.
PER CURIAM
Conviction affirmed; remanded for resentencing.
In a stipulated facts trial, defendant was convicted of burglary in the first degree. ORS 164.225. The state concedes that the sentencing court erred in imposing a 15-year minimum sentence as part of defendant's dangerous offender sentence. We accept the concession. State v. Serheinko, 111 Or. App. 604, 826 P.2d 114 (1992).
Defendant failed to preserve his claim that the court erred in finding that he was armed with a weapon during the commission of the offense.
Conviction affirmed; remanded for resentencing.