Opinion
90-04-32072; CA A67152
Submitted on record and briefs January 15, 1992
Convictions affirmed and remanded for resentencing on misdemeanor convictions February 12, 1992
Appeal from Circuit Court, Multnomah County.
Nely L. Johnson, Judge.
David E. Groom, Portland, filed the brief for appellant.
Dave Frohnmayer, Attorney General, and Virginia L. Linder, Solicitor General, and Katherine H. Waldo, Assistant Attorney General, Salem, filed the brief for respondent.
Before Buttler, Presiding Judge, and Rossman and De Muniz, Judges.
PER CURIAM
Convictions affirmed; remanded for resentencing on misdemeanor convictions.
Defendant appeals his misdemeanor convictions for assaulting a public safety officer, ORS 163.208, resisting arrest, ORS 162.315, and reckless driving. ORS 811.140. He also appeals his felony convictions for first degree assault, ORS 163.185, first degree escape, ORS 162.165, and being a felon in possession of a firearm. ORS 166.270.
The state concedes that this case must be remanded for resentencing on the misdemeanor convictions. State v. Wold, 105 Or. App. 158, 160, 803 P.2d 782 (1991). We accept the concession.
ORS 137.540(2) has since been amended. Or Laws 1991, ch 196, § 1.
Defendant's other issues do not require discussion.
Convictions affirmed; remanded for resentencing on misdemeanor convictions.