Opinion
No. CC 77-31, CA 10843
Submitted August 28, 1978.
Reversed and remanded for resentencing September 11, 1978.
Appeal from the Circuit Court, Clatsop County, Thomas E. Edison, Judge.
Gary D. Babcock, Public Defender, and Marianne Oswald, Deputy Public Defender, Salem, filed the brief for appellant.
James A. Redden, Attorney General, Walter L. Barrie, Solicitor General, and Thomas H. Denney, Assistant Attorney General, Salem, appeared for respondent.
Before Schwab, Chief Judge, and Lee, Richardson, and Joseph, Judges.
PER CURIAM.
Reversed and remanded for resentencing.
The state concedes that under State v. Stevens, 253 Or. 563, 456 P.2d 494 (1969), and State v. Wright, 31 Or. App. 1213, 572 P.2d 361 (1977), "the trial court was without authority, when it revoked defendant's probation, to order that a sentence previously imposed be served consecutively to another sentence imposed during the period of probation."
Reversed and remanded for resentencing.