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STATE v. CARMICKLE

DC B68-501, CA A41918, SC S34599.

762 P.2d 290 (1988)

307 Or. 1

STATE of Oregon, Respondent On Review, v. Mark Wilbur CARMICKLE, Petitioner On Review.

Supreme Court of Oregon, In Banc.

Decided September 30, 1988.

Reconsideration Denied November 16, 1988.

Attorney(s) appearing for the Case

Robert C. Homan, Eugene, argued the cause and filed the petition for petitioner on review.

Timothy A. Sylwester, Asst. Atty. Gen., Salem, argued the cause for respondent on review. With him on the response to the petition were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

CAMPBELL, Justice.

We accepted review in this case to determine if a convicted criminal defendant can elect to refuse probation and demand that sentence be imposed. We hold that such a defendant may make such an election. Because of the result we do not reach secondary issues which the defendant raised in his petition for review.

On April 25, 1986, the defendant was arrested in this case on the charge of INITIATING A FALSE REPORT to the Eugene Police Department...

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