Court of Appeals of Oregon, 1992

State v. Frommelt

State v. Frommelt
Court of Appeals of Oregon · Decided September 30, 1992 · Buttler, Joseph, Muniz
115 Or. App. 384; 837 P.2d 564; 1992 Ore. App. LEXIS 1764

State v. Frommelt

Opinion of the Court

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.

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