Opinion
No. C 75-06-1821 Cr, CA 9861
Argued August 22, 1978.
Reversed and remanded for resentencing September 6, 1978.
Appeal from the Circuit Court, Multnomah County, Richard J. Burke, Judge.
James E. Mountain, Jr., Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.
Jan P. Londahl, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were James A. Redden, Attorney General, and Walter L. Barrie, Solicitor General, Salem.
Before Schwab, Chief Judge, and Thornton and Tanzer, Judges.
PER CURIAM.
Reversed and remanded for resentencing.
Defendant on appeal contends that the trial court abused its discretion in revoking defendant's probation and, secondly, that the trial court erred in failing to require the Corrections Division to furnish it with a presentence report prior to imposing sentence upon revocation.
As for the first assignment, suffice it to say that the revocation of probation was amply supported by the evidence presented. As to the second assignment, the state "concedes that the circuit court erred in failing to require the Corrections Division to furnish a copy of a presentence report prior to imposing sentence upon revocation. ORS 144.790(1); State v. Gale [ 35 Or. App. 3, 580 P.2d 1036 (1978)]."
Reversed and remanded for resentencing.