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STATE OF OREGON, Respondent, v. DONALD FRANK YOST, Appellant.

PER CURIAM

Remanded with directions.

PER CURIAM

The state confesses error. Defendant was originally sentenced to five years for burglary, with execution of sentence suspended. His probation was later revoked after commission and conviction of a subsequent crime. The trial court thereupon ordered that the original sentence be served consecutive to the subsequent sentence. Such an order was not permissible under the facts of this case. State v. Stevens, 253 Or. 563, 456 P.2d 494 (1969); State v. Manrique, 24 Or. App. 309, 545 P.2d 603 (1976).

Remanded for entry of an appropriate order.

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STATE v. YOST
(Oct 4, 1976)