Opinion
890351M, 890625M; CA A62136 (Control), A62137 (Cases Consolidated)
Submitted on record and briefs March 7, 1990
Affirmed and case remanded for resentencing March 28, 1990
Appeal from District Court, Josephine County.
William J. Mackay, Judge.
Sally L. Avera, Acting Public Defender, and Henry M. Silberblatt, Salem, filed the brief for appellant.
Dave Frohnmayer, Attorney General, Virginia L. Linder, Solicitor General, Janet A. Klapstein, Assistant Attorney General, and Yuan Xing Chen, Certified Law Student, Salem, filed the brief for respondent.
Before Graber, Presiding Judge, and Joseph, Chief Judge, and Riggs, Judge.
PER CURIAM
Judgment affirmed in CA A62136; conviction affirmed and case remanded for resentencing in CA A62137.
On August 9, 1989, defendant entered no contest pleas to two DUII charges. The trial court suspended defendant's driver's license for one year in CA A62136 and for three years in CA A62137. The state confesses error in CA A62137. See State v. Carney, 94 Or. App. 302, 305, 765 P.2d 232 (1988). We agree.
Although defendant appeals from both judgments of conviction, he assigns error only to the three-year license suspension.
Judgment affirmed in CA A62136; conviction affirmed and case remanded for resentencing in CA A62137.