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STATE v. KESTNER

CF 89-830; CA A67744.

820 P.2d 824 (1991)

109 Or.App. 684

STATE of Oregon, Respondent, v. Theodore John KESTNER, Appellant.

Court of Appeals of Oregon.

Decided November 13, 1991.

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.

Carol J. Fredrick, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief was Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Before WARREN, P.J., and RIGGS and EDMONDS, JJ.

PER CURIAM.

The state concedes that the trial court erred in imposing a special condition of probation that defendant unconditionally submit to searches. ORS 137.540(2)(m). We accept the concession.

Conviction affirmed; special condition of probation 4 vacated; remanded for...

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