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STATE v. MONACO

99CR1534; A108488

30 P.3d 1229 (2001)

176 Or. App. 349

STATE of Oregon, Respondent, v. Vincent Anthony MONACO, Appellant.

Court of Appeals of Oregon.

Decided August 29, 2001.

Attorney(s) appearing for the Case

Jennelle Hall, Deputy Public Defender, filed the brief for appellant. With her on the brief was David E. Groom, Public Defender.

Kathleen Cegla, Assistant Attorney General, filed the brief for respondent. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before EDMONDS, Presiding Judge, and ARMSTRONG and KISTLER, Judges.

PER CURIAM.

Defendant appeals his convictions for several drug-related offenses. He assigns error only to the trial court's imposition of 42 months' probation on count 4, to run consecutively to a prison and post-prison supervision term on a different count. The state concedes that that was error, and we agree. A consecutive probationary sentence is subsumed in a previous sentence that includes post-prison supervision. State v. Dummitt, 115...

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