State v. Merrill

567 P.2d 617, 30 Or. App. 635, 1977 Ore. App. LEXIS 1641

• Court: Court of Appeals of Oregon
• Decided: August 17, 1977
• Docket: No. 73-656-C, CA 8028
• Status: Published

Opinion

PER CURIAM.

The state confesses error under State v. Stevens, 253 Or 563, 456 P2d 494 (1969).¹

Remanded for resentencing.

1 We note that the distinction between State v. Stevens, 253 Or 563, 456 P2d 494 (1969), and State v. Monahan, 29 Or App 791, 564 P2d 1374 (1977), is that in Stevens, as in the case at bar, the trial court was ordering a sentence previously imposed to be executed, whereas in Monahan, no sentence had previously been imposed.