Opinion
CF 89-443; CA A63245
Argued and submitted December 21, 1990.
Conviction affirmed; remanded for resentencing February 27, 1991
Appeal from Circuit Court, Umatilla County, J.F. Olsen, Judge.
Sally L. Avera, Public Defender, Salem, argued the cause and filed the brief for appellant.
Janet A. Klapstein, Assistant Attorney General, Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Attorney General, Virginia L. Linder, Solicitor General, and Lauri Alsup, Certified Law Student, Salem.
Before Warren, Presiding Judge, and Riggs and Edmonds, Judges.
PER CURIAM
Conviction affirmed; remanded for resentencing.
Defendant seeks modification of the sentence imposed following his conviction for attempted rape in the first degree. He argues that the trial court erred by imposing conditions of parole as part of the sentence. Although a trial court may recommend particular conditions of parole, it lacks authority to order them. State v. George, 90 Or. App. 496, 752 P.2d 1265 (1988); State v. Duff, 54 Or. App. 669, 635 P.2d 679 (1981). The state concedes the error, and we agree.
Conviction affirmed; remanded for resentencing.