STATE v. McCAFFREY

No. 35418; CA 15079.

607 P.2d 777 (1980)

45 Or.App. 87

STATE of Oregon, Respondent, v. David McCaffrey, Appellant.

Court of Appeals of Oregon.

Decided March 10, 1980.


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.

Douglas F. Foley, Certified Law Student, Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Before SCHWAB, C.J., and THORNTON and CAMPBELL, JJ.


THORNTON, Judge.

Defendant appeals from a sentence imposed following a plea of guilty to the charge of failure to appear in the first degree on the ground that the trial court considered confidential information not contained in the presentence report without stating reasons for nondisclosure as required by ORS 137.079(3). We reverse.

At sentencing, the following colloquy occurred:

THE COURT: I would also indicate to counsel that I have received some...

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