Resubmitted In Banc September 4, 1986.
WARDEN, Judge.
Defendant appeals his conviction for assault in the fourth degree, ORS 163.160, entered on his plea of guilty. The trial court placed him on probation for two years. One of the conditions of probation was that he not possess or consume any alcohol during that period. The issue is whether that condition is "cruel, unusual or excessive in light of the nature and background of the offender or the facts and...
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