State v. Wright

On February 10, 1976, defendant was sentenced to five years’ imprisonment. Execution of sentence was suspended and defendant was placed on probation for a like period. On June 23,1977, defendant’s probation was revoked and defendant was sentenced to five years’ imprisonment, the sentence to run consecutively to a sentence imposed subsequent to February 1976 on an unrelated conviction.

The state concedes that in light of State v. Stevens, 253 Or 563, 456 P2d 494 (1969), the circuit court was without authority to order that the sentence previously imposed upon defendant be executed consecutively…