Opinion
C90-02-31217; CA A68277
Submitted on record and briefs January 24, 1992
Conviction affirmed and remanded for resentencing February 26, 1992
Appeal from Circuit Court, Multnomah County.
Harl H. Haas, Judge.
Sally L. Avera, Public Defender, Salem, filed the brief for appellant.
Charles S. Crookham, Attorney General, Virginia L. Linder, Solicitor General, and Carol J. Fredrick, Assistant Attorney General, Salem, filed the brief for respondent.
Before Richardson, Presiding Judge, and Joseph, Chief Judge, and Deits, Judge.
PER CURIAM
Conviction affirmed; remanded for resentencing.
Defendant pled guilty to possession of a controlled substance under a plea agreement. He was placed on 60 months' probation, instead of the sentencing guidelines' 18-month presumptive probation term that was agreed to in the plea agreement.
Defendant assigns as error that the court imposed an erroneous period of probation. The state concedes that he is correct. We accept the concession. State v. Adams, 110 Or. App. 434, 823 P.2d 992 (1992).
Conviction affirmed; remanded for resentencing.