Opinion
10-90-04655, 10-90-05780; CA A66249 (Control), A66250 (Cases Consolidated)
Argued and submitted August 30, 1991
Affirmed April 22, 1992
Appeal from Circuit Court, Lane County.
Jack Mattison, Judge.
Stephen J. Williams, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender, Salem.
Yuanxing Chen, Assistant Attorney General, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Attorney General, and Virginia L. Linder, Solicitor General, Salem.
Before Buttler, Presiding Judge, and Rossman and De Muniz, Judges.
PER CURIAM
Affirmed.
Defendant, relying on State v. Wold, 105 Or. App. 158, 160-61, 803 P.2d 782 (1991), seeks vacation of the 180-day jail term that he received as a condition of probation after he pled guilty to DUII. ORS 813.010. He contends that the sentence exceeds the maximum allowable by law. ORS 138.050; ORS 138.053. The sentence is proper. State v. Oary, 109 Or. App. 580, 583, 820 P.2d 857 (1991), mod 112 Or. App. 296, 829 P.2d 90 (1992).
Defendant does not challenge the sentence imposed for his conviction for felony driving while suspended. ORS 811.182(3).
Affirmed.