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State v. Johnston

Oregon Court of Appeals
Aug 21, 1991
814 P.2d 563 (Or. Ct. App. 1991)

Opinion

W9025557; CA A66805

Submitted June 14, 1991

Remanded for resentencing August 21, 1991

Appeal from District Court, Washington County.

Karl Freerksen, Judge.

Michael Curtis, Hillsboro, filed the brief for appellant.

Dave Frohnmayer, Attorney General, Virginia L. Linder, Solicitor General, and Janet A. Klapstein, Assistant Attorney General, Salem, filed the brief for respondent.

Before Warren, Presiding Judge, and Riggs and Edmonds, Judges.

PER CURIAM

Conviction affirmed; jail term probation condition vacated; remanded for resentencing.


Defendant pleaded guilty to driving while his license was revoked. ORS 811.182. The state concedes that the trial court erred in imposing a jail term as a condition of probation. See ORS 137.540(2); State v. Wold, 105 Or. App. 158, 803 P.2d 782 (1991).

Conviction affirmed; jail term probation condition vacated; remanded for resentencing.


Summaries of

State v. Johnston

Oregon Court of Appeals
Aug 21, 1991
814 P.2d 563 (Or. Ct. App. 1991)
Case details for

State v. Johnston

Case Details

Full title:STATE OF OREGON, Respondent, v. MICHAEL RAY JOHNSTON, Appellant

Court:Oregon Court of Appeals

Date published: Aug 21, 1991

Citations

814 P.2d 563 (Or. Ct. App. 1991)
814 P.2d 563