STATE v. BRADY

Nos. C 78-04-06858, C 77-11-16729, CA 12014; CA 12015.

593 P.2d 1291 (1979)

39 Or.App. 895

STATE of Oregon, Respondent, v. Kelly James BRADY, Appellant.

Court of Appeals of Oregon.

Decided April 30, 1979.


Attorney(s) appearing for the Case

David E. Groom, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Melinda L. Bruce, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Before SCHWAB, C.J., and TANZER, RICHARDSON and ROBERTS, JJ.


RICHARDSON, Judge.

Defendant appeals the judgments in two cases which were consolidated for appeal. He contends it was unlawful for the court to revoke his probation on the basis of a conviction for a crime committed before he was placed on probation. He also contends the sentences imposed were excessive, and constitute cruel and unusual punishment.

It is important to understand the chronology of events leading up to the revocation of defendant's probation...

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