Opinion
DCR91-12586; CA A72670
Submitted on record and briefs September 10, 1992
Convictions affirmed; remanded for resentencing September 30, 1992
Appeal from District Court, Clackamas County.
Stephen L. Maurer, Judge.
Sally L. Avera, Public Defender, and Alan H. Biedermann, Deputy Public Defender, Salem, filed the brief for appellant.
Charles S. Crookham, Attorney General, Virginia L. Linder, Solicitor General, and Jonathan H. Fussner, Assistant Attorney General, Salem, filed the brief for respondent.
Before Buttler, Presiding Judge, and Joseph, Chief Judge, and De Muniz, Judge.
PER CURIAM
Convictions affirmed; remanded for resentencing.
The state concedes that the trial court erred when it ordered defendant to submit to breath tests at the request of a probation officer but failed to require that the officer first have reasonable grounds to believe that the test would disclose evidence of a probation violation. State v. Leen, 113 Or. App. 595, 832 P.2d 49 (1992); State v. Robertson, 113 Or. App. 467, 833 P.2d 326 (1992); State v. Hagger, 107 Or. App. 251, 810 P.2d 1356 (1991). We accept the concession.
Convictions affirmed; remanded for resentencing.