Opinion
90-11422; CA A68417
Argued and submitted September 11, 1991, conviction affirmed and remanded for resentencing January 8, 1992
Appeal from District Court, Clackamas County.
Robert R. Selander, Judge.
Richard L. Wolf, Oregon City, argued the cause and filed the brief for appellant.
Yuanxing Chen, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Attorney General, and Virginia L. Linder, Solicitor General, Salem.
Before Richardson, Presiding Judge, and Deits and De Muniz, Judges.
PER CURIAM
Conviction affirmed; remanded for resentencing.
Defendant seeks modification of the sentence imposed after his conviction for driving under the influence of intoxicants (DUII). ORS 813.010(1). He contends that the court lacked authority to place him on probation. Defendant is correct. In State v. Oary, 109 Or. App. 580, 583, 820 P.2d 857 (1991), we held that ORS 813.020 does not authorize probation in DUII cases.
Conviction affirmed; remanded for resentencing.