STATE v. SCHAEFFER

Nos. C-71-06-1965, C-71-07-2066.

497 P.2d 684 (1972)

STATE of Oregon, Respondent, v. Steven Dana SCHAEFFER, Appellant.

Court of Appeals of Oregon, Department 1.

Decided May 26, 1972.

Rehearing Denied June 22, 1972.

Review Denied July 25, 1972.


Attorney(s) appearing for the Case

Ken C. Hadley, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and John W. Osburn, Solicitor Gen., Salem.

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


LANGTRY, Judge.

Defendant appeals from revocation of probation, alleging lack of cause therefor.

The record shows defendant pled guilty to two charges of illegal sale of narcotics and that five similar charges against him were dismissed at the time of the original sentences. Evidence at the sentencing hearing was that between arrest and sentence, while he was free on recognizance, he had continued to sell narcotics. Despite this, the trial judge suspended...

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