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STATE v. LEEN

91CR0038; CA A71393.

832 P.2d 49 (1992)

113 Or. App. 595

STATE of Oregon, Respondent, v. Robert Akim Joshua LEEN, Appellant.

Court of Appeals of Oregon.

Decided June 24, 1992.

Attorney(s) appearing for the Case

Jesse Wm. Barton, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender, Salem.

Jonathan H. Fussner, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Charles S. Crookham, Atty. Gen., Virginia L. Linder, Sol. Gen., and James H. Juliussen, Certified Law Student; Salem.

Before JOSEPH, C.J., and ROSSMAN and DE MUNIZ, JJ.

PER CURIAM.

The state concedes that the trial court erred in ordering defendant to submit to random substance tests at the request of a probation officer without requiring that the officer have reasonable grounds to believe that defendant is then violating the prohibition of alcohol use. State v. Kestner, 109 Or.App. 684, 820 P.2d 824 (1991); State v. Collins, 109...

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