STATE v. MAAG

No. 78-1000-M; CA 13265.

597 P.2d 838 (1979)

41 Or.App. 133

STATE of Oregon, Respondent, v. Philip Edward MAAG, Appellant.

Court of Appeals of Oregon.

Decided July 16, 1979.


Attorney(s) appearing for the Case

Michael L. Mowrey, and Brown, Hughes, Bird & Lane, Grants Pass, filed the brief for appellant.

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

Before SCHWAB, C.J., and THORNTON, BUTTLER and JOSEPH, JJ.


BUTTLER, Judge.

Defendant appeals from an order revoking his probation. The question presented is whether defendant's probation may be revoked for conduct which did not violate a condition of probation fixed by the sentencing judge at the time of sentencing, but was fixed by defendant's probation officer subsequent to sentencing. We hold that it may not, and reverse.

While the sentencing judge has substantial leeway in determining conditions of probation,...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases