STATE v. MARTINEZ

Nos. 75-4020; CA 9783, 76-2131; CA 9784.

581 P.2d 955 (1978)

STATE of Oregon, Respondent, v. David S. MARTINEZ, Appellant.

Court of Appeals of Oregon.

Decided August 1, 1978.


Attorney(s) appearing for the Case

Robert J. McCrea, and Morrow & McCrea, P.C., Eugene, filed the brief for appellant.

James A. Redden, Atty. Gen., Walter L. Barrie, Sol. Gen., and J. Scott McAlister, Asst. Atty. Gen., Salem, filed the brief for respondent.

Before SCHWAB, C.J., and LEE, RICHARDSON and JOSEPH, JJ.


SCHWAB, Chief Judge.

The issue presented by these consolidated appeals is whether a defendant may appeal the excessiveness of a sentence ordered into effect following the revocation of his probation when the trial court order imposed the sentence at the time defendant was convicted, but suspended its execution and placed the defendant on probation.

Defendant was tried and convicted of first-degree theft in February, 1976. At that time the trial court sentenced...

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