Opinion
No. 73-656-C, CA 8028
Submitted on record August 1, 1977
Remanded for resentencing August 17, 1977
Appeal from Circuit Court, Josephine County.
Samuel M. Bowe, Judge.
Gary D. Babcock, Public Defender, and Gary L. Hooper, Deputy Public Defender, Salem, filed the brief for appellant.
James A. Redden, Attorney General, and Thomas H. Denney, Assistant Attorney General, Salem, appeared for respondent.
Before Schwab, Chief Judge, and Tanzer and Johnson, Judges.
PER CURIAM.
Remanded for resentencing.
The state confesses error under State v. Stevens, 253 Or. 563, 456 P.2d 494 (1969).
We note that the distinction between State v. Stevens, 253 Or. 563, 456 P.2d 494 (1969), and State v. Monahan, 29 Or. App. 791, 564 P.2d 1374 (1977), is that in Stevens, as in the case at bar, the trial court was ordering a sentence previously imposed to be executed, whereas in Monahan, no sentence had previously been imposed.
Remanded for resentencing.