
    Argued and submitted September 27,
    conviction affirmed; special condition of probation vacated; remanded for resentencing November 13, 1991
    STATE OF OREGON, Respondent, v. PATRICK KELLY COLLINS, Appellant.
    
    (C890685CR; CA A67049)
    820 P2d 902
    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, Assistant Attorney General, Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Attorney General, and Virginia L. Linder, Solicitor General, Salem.
    Before Warren, Presiding Judge, and Riggs and Edmonds, Judges.
    PER CURIAM
   PER CURIAM

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

Conviction affirmed; special condition of probation 16 vacated insofar as it requires defendant to submit unconditionally to bodily substance tests; remanded for resentencing.  