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State v. Weiss

Oregon Court of Appeals
May 27, 1992
830 P.2d 637 (Or. Ct. App. 1992)

Opinion

90-1706, 91-1009; CA A71578 (Control), A71579

Submitted on record and briefs April 27, 1992

Convictions affirmed; remanded for resentencing May 27, 1992

Appeal from Circuit Court, Clackamas County.

Raymond R. Bagley, Judge.

Sally L. Avera, Public Defender, and Jesse Wm. Barton, Deputy Public Defender, Salem, filed the brief for appellant.

Charles S. Crookham, Attorney General, Virginia L. Linder, Solicitor General, Jonathan H. Fussner, Assistant Attorney General, and James H. Juliussen, Certified Law Student, Salem, filed the brief for respondent.

Before Warren, Presiding Judge, and Joseph, Chief Judge, and Riggs, Judge.


PER CURIAM

Convictions affirmed; remanded for resentencing.


Under a plea agreement, defendant pleaded guilty to two charges. For each conviction, the trial court imposed an incarceration term and a post-prison supervision term. The court purported to impose a condition on each term of post-prison supervision.

The state concedes that the trial court lacked authority to impose post-prison supervision conditions. State v. Dodson, 111 Or. App. 643, 825 P.2d 662 (1992); State v. Potter, 108 Or. App. 480, 816 P.2d 661 (1991). We accept the concession.

Convictions affirmed; remanded for resentencing.


Summaries of

State v. Weiss

Oregon Court of Appeals
May 27, 1992
830 P.2d 637 (Or. Ct. App. 1992)
Case details for

State v. Weiss

Case Details

Full title:STATE OF OREGON, Respondent, v. REX ROBERT WEISS, Appellant. (Cases…

Court:Oregon Court of Appeals

Date published: May 27, 1992

Citations

830 P.2d 637 (Or. Ct. App. 1992)
830 P.2d 637