Opinion
91-03-34078; CA A69657
Argued and submitted June 29, 1992
Conviction affirmed; remanded for resentencing July 22, 1992
Appeal from Circuit Court, Union County.
Ronald D. Schenck, Judge.
Sally L. Avera, Public Defender, Salem, argued the cause and filed the brief for appellant.
Youlee Yim You, Assistant Attorney General, Salem, argued the cause for respondent. With her on the brief were Charles S. Crookham, Attorney General, and Virginia L. Linder, Solicitor General, Salem.
Before Warren, Presiding Judge, and Riggs and Edmonds, Judges.
PER CURIAM
Conviction affirmed; remanded for resentencing.
In this misdemeanor case, the state concedes that the trial court erred in executing a portion of a 90-day jail sentence and simultaneously placing defendant on probation. State v. McMellon, 110 Or. App. 441, 443, 823 P.2d 926 (1992). State v. Vasby, 110 Or. App. 1, 5, 788 P.2d 1024 (1990). We accept the concession.
Conviction affirmed; remanded for resentencing.