State v. Frommelt , 115 Or. App. 384 ( 1992 )


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  • PER CURIAM

    The state concedes that the trial court erred when it ordered defendant to submit to breath tests at the request of a probation officer but failed to require that the officer first have reasonable grounds to believe that the test would disclose evidence of a probation violation. State v. Leen, 113 Or App 595, 832 P2d 49 (1992); State v. Robertson, 113 Or App 467, 833 P2d 326 (1992); State v. Hagger, 107 Or App 251, 810 P2d 1356 (1991). We accept the concession.

    Convictions affirmed; remanded for resentencing.

Document Info

Docket Number: DCR91-12586; CA A72670

Citation Numbers: 115 Or. App. 384, 837 P.2d 564, 1992 Ore. App. LEXIS 1764

Judges: Buttler, Joseph, Muniz

Filed Date: 9/30/1992

Precedential Status: Precedential

Modified Date: 10/18/2024