State v. Hall

Full title: STATE OF OREGON, Respondent, v. EUGENE ORVILLE HALL, Appellant

Court: Oregon Court of Appeals

Date published: Nov 16, 1970

476 P.2d 930 (Or. Ct. App. 1970)

476 P.2d 930

Opinion

No. C-46075

Argued October 26, 1970

Affirmed November 16, 1970

Appeal from the Circuit Court, Multnomah County, J. J. MURCHISON, Judge.

Oscar D. Howlett, Portland, argued the cause and filed the brief for appellant.

Thomas H. Denney, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Attorney General, and Jacob B. Tanzer, Solicitor General, Salem.

Before SCHWAB, Chief Judge, and LANGTRY and FOLEY, Judges.

AFFIRMED.

PER CURIAM

Defendant appeals from an order revoking probation. The only question presented is whether a subsequent conviction is grounds for probation revocation even though an appeal from that subsequent conviction is pending. This issue has been decided in the affirmative by State v. Spicer, 3 Or. App. 80, 471 P.2d 865 (1970).

Furthermore, in this case the question is moot because the subsequent conviction which gave rise, at least in part, to the probation revocation was today affirmed by this court. See State v. Hall, 4 Or. App. 30, 476 P.2d 930 (1970).

Affirmed.