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STATE v. BATEMAN

C85-08-33209; C85-10-34220; CA A47683 (Control); A47684.

771 P.2d 314 (1989)

96 Or.App. 456

STATE of Oregon, Respondent, v. Richard J. BATEMAN, Appellant.

Court of Appeals of Oregon In Banc.

Decided March 8, 1989.

Resubmitted November 2, 1988.

Reconsideration Denied May 26, 1989.

Attorney(s) appearing for the Case

Diane L. Alessi, Deputy Public Defender, Salem, argued the cause for appellant. With her on the briefs was Gary D. Babcock, Public Defender, Salem.

Timothy A. Sylwester, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the briefs were Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., Brenda J. Peterson, Thomas H. Denney, and Michael C. Livingston, Asst. Attys. Gen., Salem.

Arthur B. LaFrance, Maureen Barstow, Jonathan Logan and Michael Miluicci, Portland, filed a brief amicus curiae for American Civil Liberties Union.

Before JOSEPH, C.J., RICHARDSON, BUTTLER, WARREN, ROSSMAN, NEWMAN, DEITS, GRABER and RIGGS, JJ., and WARDEN, J. Pro Tem.

Resubmitted In Banc November 2, 1988.

RICHARDSON, Judge.

In these consolidated cases defendant appeals from what he denominates "judgments" revoking his probation. His sole contention is that certain conditions of probation are unlawful and cannot be the basis for revocation. We conclude that the issue raised is beyond the scope of our review and affirm.

Defendant was charged in two indictments with three counts of sexual abuse in the first degree...

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