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State v. Hoeper

Oregon Court of Appeals
Apr 22, 1992
828 P.2d 1058 (Or. Ct. App. 1992)

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.


Summaries of

State v. Hoeper

Oregon Court of Appeals
Apr 22, 1992
828 P.2d 1058 (Or. Ct. App. 1992)
Case details for

State v. Hoeper

Case Details

Full title:STATE OF OREGON, Respondent, v. DONALD LEROY HOEPER, Appellant

Court:Oregon Court of Appeals

Date published: Apr 22, 1992

Citations

828 P.2d 1058 (Or. Ct. App. 1992)
828 P.2d 1058