Opinion
D9100128T; CA A67995
Submitted on record and briefs October 21, conviction affirmed; remanded for resentencing December 11, 1991
Appeal from District Court, Washington County.
Nancy W. Campbell, Judge.
Michael Curtis, Hillsboro, filed the brief for appellant.
Dave Frohnmayer, Attorney General, Virginia L. Linder, Solicitor General, and Kaye E. Sunderland, Assistant Attorney General, Salem, filed the brief for respondent.
Before Richardson, Presiding Judge, and Deits and Riggs, Judges.
PER CURIAM
Conviction affirmed; remanded for resentencing.
Defendant was convicted of driving while his operator's license was suspended, a misdemeanor. ORS 811.182. The court sentenced him to 60 days in jail as a condition of probation. Because the offense was committed after November 1, 1989, the court had no authority under former ORS 137.540(2) to impose jail time as a condition of probation. State v. Wold, 105 Or. App. 158, 803 P.2d 782 (1991).
The statute has since been amended. Or Laws 1991, ch 196, § 1.
Conviction affirmed; remanded for resentencing.