Opinion
91NB-1519, 91NB-1696, 91CR-2515; CA A73229 (Control), A73230, A73231
Submitted on record and briefs October 30, 1992
Convictions affirmed; remanded for resentencing December 16, 1992
Appeal from District Court, Coos County.
Robert E. Jones, 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 J. Dean Taylor, Assistant Attorney General, Salem, filed the brief for respondent.
Before Richardson, Presiding Judge, and Joseph, Chief Judge, and Deits, Judge.
PER CURIAM
Convictions affirmed; remanded for resentencing.
Defendant was convicted of driving under the influence of intoxicants in 3 separate cases. In each, the court imposed a jail term, suspended execution of a portion of that sentence and placed defendant on probation. The state concedes that the court did not have the authority at the same time to impose and order executed a sentence of incarceration and to place defendant on probation. State v. McMellon, 110 Or. App. 441, 823 P.2d 996 (1992); State v. Vasby, 101 Or. App. 1, 788 P.2d 1024 (1990). We accept the concession.
Defendant's other assignments of error are moot.
Convictions affirmed; remanded for resentencing.