Opinion
9102-30785; CA A73299
Submitted on record and briefs January 22, 1993
Remanded for resentencing; otherwise affirmed February 10, 1993
Appeal from Circuit Court, Multnomah County.
Thomas L. Moultrie, Judge.
Sally L. Avera, Public Defender, Salem, filed the brief for appellant.
Theodore R. Kulongoski, Attorney General, Virginia L. Linder, Solicitor General, and Amy E. Alpaugh, Assistant Attorney General, Salem, filed the brief for respondent.
Before Richardson, Chief Judge, and Warren and Edmonds, Judges.
PER CURIAM
Remanded for resentencing; otherwise affirmed.
Defendant appeals the sentence imposed after his probation was revoked. The state concedes that the court erred in modifying the sentence that had been imposed, but execution of which had been suspended. State v. McBride, 103 Or. App. 642, 798 P.2d 728 (1990). We accept that concession.
Remanded for resentencing; otherwise affirmed.