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LERCH v. CUPP

497 P.2d 379 (1972)

Larry Lee LERCH, Appellant, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon, Department 2.

Decided May 18, 1972.

Attorney(s) appearing for the Case

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

Robert L. Misner, 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 SCHWAB, C.J., and FOLEY and FORT, JJ.

FORT, Judge.

Petitioner was convicted in December 1969 of knowingly uttering and publishing a forged bank check. Former ORS 165.115. An order suspending execution of a three-year sentence was entered by the trial court, and petitioner was placed on probation for a period of three years. Petitioner did not appeal from the conviction. In July 1971, after a hearing in which the trial court found that petitioner had violated the terms of his probation, petitioner's probation...

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