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STATE v. HOUCK

497 P.2d 683 (1972)

STATE of Oregon, Respondent, v. John Travis HOUCK, Appellant.

Court of Appeals of Oregon, Department 1.

Decided May 26, 1972.

Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for appellant.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and John W. Osburn, Sol. Gen., Salem.

Before LANGTRY, P.J., and FOLEY and FORT, JJ.

PER CURIAM.

Defendant appeals from an eight-year sentence of imprisonment which followed a plea of guilty to illegal sale of a dangerous drug. Former ORS 475.100. The maximum sentence to which the defendant could have been subjected was 10 years. He petitioned for probation, asserting that he has had a change of attitude and that no purpose would be served by his incarceration. The sentencing court considered a presentence report which we do not have before us. However...

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