STATE v. CRITES

83-60931; CA A31384.

689 P.2d 353 (1984)

70 Or.App. 327

STATE of Oregon, Respondent, v. Wayne Ray CRITES, Appellant.

Court of Appeals of Oregon.

Decided October 10, 1984.

Reconsideration Denied November 23, 1984.

Review Denied December 11, 1984.


Attorney(s) appearing for the Case

Robert C. Homan, Staff Atty., Public Defender Services of Lane County, Eugene, argued the cause and filed the brief for appellant.

Jeff Bennett, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.


ROSSMAN, Judge.

Defendant, having pled guilty to the misdemeanor crime of driving under the influence of intoxicants, ORS 487.540, seeks to have his probationary sentence set aside on the ground that he has the absolute right to reject probation and to insist on a sentence of straight incarceration. Because defendant's position is directly contrary to specific sentencing powers granted to this state's trial courts and cannot be reasoned in law, we affirm.

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