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STATE v. BROWN

10-91-09590; CA A73889.

849 P.2d 547 (1993)

119 Or. App. 162

STATE of Oregon, Respondent, v. David Edwin BROWN, Appellant.

Court of Appeals of Oregon.

Decided March 31, 1993.

Attorney(s) appearing for the Case

Sally L. Avera, Public Defender, and Mary M. Reese, Deputy Public Defender, Salem, filed the brief for appellant.

Theodore R. Kulongoski, Atty. Gen., Virginia L. Linder, Sol. Gen., and Timothy A. Sylwester, Asst. Atty. Gen., Salem, filed the brief for respondent.

Before RICHARDSON, C.J., and WARREN and EDMONDS, JJ.

PER CURIAM.

Defendant was convicted of seven counts of burglary in the second degree, ORS 164.215, and one count of possession of a controlled substance. ORS 475.992(4)(b). He appeals from the consecutive sentences imposed on seven of the convictions. The state concedes that the court erred in imposing 90 days incarceration on each of those convictions under OAR 253-05-013(3). That rule does not apply when, as in this case, incarceration terms of presumptively probationary...

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