STATE v. MADDEN


501 P.2d 71 (1972)

STATE of Oregon, Respondent, v. Lester Edward MADDEN, Appellant.

Court of Appeals of Oregon.

Decided September 28, 1972.


Attorney(s) appearing for the Case

William G. Purdy, Medford, argued the cause for appellant. With him on the briefs were Frohnmayer & Deatherage, Medford.

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 SCHWAB, C.J., and LANGTRY and FORT, JJ.


PER CURIAM.

Upon trial by jury in the district court, defendant was convicted of driving while under the influence of intoxicating liquor and sentenced to 60 days in jail. He appealed to the circuit court pursuant to ORS 157.080, and upon trial de novo was found guilty and sentenced to 90 days in jail. On appeal to this court he argues that it was constitutional error for the circuit court to impose a sentence greater than that imposed by the district court.

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