648 P.2d 419

STATE OF OREGON, Respondent, v. ROBERT DANIEL FRAZIER, Appellant.

No. 81-6709-C, CA A24404Oregon Court of Appeals.Submitted on record and briefs June 30, 1982.
Remanded for resentencing July 28, 1982.

Appeal from District Court, Jackson County, R. G. Davis, Judge.

Jerry E. Gastineau, Medford, filed the brief for appellant.

Dave Frohnmayer, Attorney General, William F. Gary, Solicitor General, and Richard D. Wasserman, Assistant Attorney General, Salem, filed the brief for respondent.

Before Gillette, Presiding Judge, and Warden and Young, Judges.

PER CURIAM

Remanded for resentencing.

Page 377

PER CURIAM

The state concedes that the trial court in this case erred by utilizing a prior, uncounselled conviction to enhance defendant’s conviction for driving under the influence of intoxicants. See State v. Grenvik, 291 Or. 99, 628 P.2d 1195
(1981).

Remanded for resentencing.

Page 378

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