Opinion
C8911-36112; CA A63826
Argued and submitted July 24, 1991
Remanded for resentencing August 28, 1991
Appeal from Circuit Court, Multnomah County.
William S. McLennan, Judge.
Sally L. Avera, Public Defender, Salem, argued the cause and filed the brief for appellant.
Meg E. Kieran, Assistant Attorney General, Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Attorney General, Virginia L. Linder, Solicitor General, and Timothy A. Sylwester, Assistant Attorney General, Salem.
Before Richardson, Presiding Judge, and Warren and Deits, Judges.
PER CURIAM
Conviction affirmed; sentence vacated; remanded for resentencing.
Defendant was convicted of assault in the first degree. ORS 163.185. The court suspended imposition of sentence, placed him on probation for five years and imposed a $10,000 fine, which was not a condition of probation. The state concedes that the sentence is internally inconsistent and that the court lacked authority to suspend imposition of sentence and also to impose a sentence to pay a fine. See State v. Vasby, 101 Or. App. 1, 788 P.2d 1024 (1990).
Conviction affirmed; sentence vacated; remanded for resentencing.