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STATE v. WALDRIP

91NB-1519, 91NB-1696, 91CR-2515; CA A73229 (Control), CA A73230, CA A73231.

842 P.2d 467 (1992)

117 Or. App. 249

STATE of Oregon, Respondent, v. Dorothy S. WALDRIP, Appellant.

Court of Appeals of Oregon.

Decided December 16, 1992.

Attorney(s) appearing for the Case

Sally L. Avera, Public Defender, and Alan H. Biedermann, Deputy Public Defender, Salem, filed the brief, for appellant.

Charles S. Crookham, Atty. Gen., Virginia L. Linder, Sol. Gen., and J. Dean Taylor, Asst. Atty. Gen., Salem, filed the brief, for respondent.

Before RICHARDSON, P.J., JOSEPH, C.J., and DEITS, J.

PER CURIAM.

Defendant was convicted of driving under the influence of intoxicants in 3 separate cases. In each, the court imposed a jail term, suspended execution of a portion of that sentence and placed defendant on probation. The state concedes that the court did not have the authority at the same time to impose and order executed a sentence of incarceration and to place defendant on probation. State v. McMellon, 110 Or.App. 441

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