Opinion
99CR1534; A108488
Submitted on record and briefs July 6, 2001.
Filed: August 29, 2001
Appeal from Circuit Court, Coos County. Michael J. Gillespie, Judge.
Jennelle Hall, Deputy Public Defender, filed the brief for appellant. With her on the brief was David E. Groom, Public Defender.
Kathleen Cegla, Assistant Attorney General, filed the brief for respondent. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.
Before EDMONDS, Presiding Judge, and ARMSTRONG and KISTLER, Judges.
PER CURIAM
Sentences vacated; remanded for resentencing; otherwise affirmed.
Defendant appeals his convictions for several drug-related offenses. He assigns error only to the trial court's imposition of 42 months probation on count 4, to run consecutively to a prison and post-prison supervision term on a different count. The state concedes that that was error, and we agree. A consecutive probationary sentence is subsumed in a previous sentence that includes post-prison supervision. State v. Dummitt, 115 Or. App. 487, 839 P.2d 246 (1992). We vacate the sentences and remand for resentencing. ORS 138.222(5); State v. Hagan, 140 Or. App. 454, 916 P.2d 317 (1996).
Sentences vacated; remanded for resentencing; otherwise affirmed.