STATE v. YOST


554 P.2d 545 (1976)

27 Or.App. 51

STATE of Oregon, Respondent, v. Donald Frank YOST, Appellant.

Court of Appeals of Oregon.

Decided October 4, 1976.


Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, and Robert C. Cannon, Deputy Public Defender, Salem, filed the brief for appellant.

Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem, appeared for respondent.

Before SCHWAB, C.J., and FORT and TANZER, JJ.


Submitted on Record and Appellant's Brief September 21, 1976.

PER CURIAM.

The state confesses error. Defendant was originally sentenced to five years for burglary, with execution of sentence suspended. His probation was later revoked after commission and conviction of a subsequent crime. The trial court thereupon ordered that the original sentence be served consecutive to the subsequent sentence. Such an order...

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