STATE v. RHODES, 118 Or. App. 99 (1993)

844 P.2d 946

STATE OF OREGON, Respondent, v. DENNIS LYLE RHODES, Appellant.

10-89-01405; CA A72151Oregon Court of Appeals.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.

Page 100

PER CURIAM

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.

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