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STATE EX REL. O'LEARY v. JACOBS

No. (SC 28953).

669 P.2d 1128 (1983)

295 Or. 632

STATE of Oregon, ex rel. James O. O'Leary, District Attorney for Clackamas County, Plaintiff-Relator, v. Dale JACOBS, Judge of the Circuit Court of the State of Oregon, Clackamas County, Defendant.

Supreme Court of Oregon.

Decided September 27, 1983.

Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., argued the cause for plaintiff-relator. With him on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

John Henry Hingson III, Oregon City, argued the cause and filed briefs for defendant.

Before LENT, C.J., and PETERSON, CAMPBELL, ROBERTS, CARSON and JONES, JJ.

LENT, Justice.

At issue is the extent of a circuit court judge's sentencing authority under ORS 137.010(4), which reads as follows:

"The power of the judge of any court to suspend execution of sentence or to grant probation to any person convicted of a crime shall continue until the person is delivered to the custody of the Corrections Division."

Specifically, does the above-quoted statute prevent a circuit court judge from ordering probation for...

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