Opinion
89D102065; CA A74721 (Control), 92D101377; CA A74722, 90D102707; CA A74723, 91D104506; CA A74724, 91D106357; CA A74725, 89D100516; CA A74749
Argued and submitted May 28, 1993
Sentences modified in part; otherwise affirmed June 23, 1993
Appeal from District Court, Marion County.
Paul J. Lipscomb, Judge.
Dan Maloney, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender, Salem.
Janet A. Klapstein, Assistant Attorney General, Salem, argued the cause for respondent. With her on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General, Salem.
Before Rossman, Presiding Judge, and De Muniz and Leeson, Judges.
PER CURIAM
Execution of sentences in 91D104506 and 89D100516 modified by deletion of requirement that they be served consecutively; otherwise affirmed.
Defendant appeals from six judgments requiring execution of defendant's previously suspended sentences for four convictions for driving under the influence of intoxicants and two convictions for driving while suspended. The state concedes that the court erred by ordering that the sentences in 91D104506 and 89D100516 run consecutively both to each other and to the sentences for three other unrelated convictions. State v. McBride, 103 Or. App. 642, 798 P.2d 728 (1990). We accept the concession.
Execution of sentences in 91D104506 and 89D100516 modified by deletion of requirement that they be served consecutively; otherwise affirmed.