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STATE v. METZLER

10-80-10127, CA A31611 (Control); 10-80-10129, CA A31612.

696 P.2d 576 (1985)

72 Or.App. 555

STATE of Oregon, Respondent, v. Edward Arnold METZLER, Appellant.

Court of Appeals of Oregon.

Decided March 6, 1985.

Attorney(s) appearing for the Case

Terrance P. Gough, Eugene, argued the cause for appellant. With him on the brief was Thomsen, Gough & Gough, Eugene.

Thomas H. Denney, 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 GILLETTE, P.J., and VAN HOOMISSEN and YOUNG, JJ.

VAN HOOMISSEN, Judge.

Defendant appeals a trial court order continuing his probation and extending it for an additional year. He contends that the order subjects him to a punishment greater than that to which he was susceptible when he committed the crime for which he was convicted, in violation of Article I, section 21, of the Oregon Constitution,1 and Article I, section 10, of the Federal Constitution. We reverse and remand for resentencing...

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