Opinion
10-89-01405; CA A72151
Submitted on record and briefs December 16, 1992
Remanded for resentencing; otherwise affirmed February 3, 1993
Appeal from Circuit Court, Lane County.
Kip W. Leonard, Judge.
Sally L. Avera, Public Defender, Salem, filed the brief for appellant.
Charles S. Crookham, Attorney General, Virginia L. Linder, Solicitor General, and Diane S. Lefkow, Assistant Attorney General, Salem, filed the brief for respondent.
Before Richardson, Chief Judge, and Deits and Riggs, Judges.
PER CURIAM
Remanded for resentencing; otherwise affirmed.
Defendant appeals the sentence imposed after the court revoked his probation. The state concedes that the court erred by modifying a previously imposed but unexecuted sentence. State v. McBride, 103 Or. App. 642, 798 P.2d 728 (1990). We accept that concession.
Remanded for resentencing; otherwise affirmed.