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STATE v. BENWAY

10-86-05015; CA A47510.

776 P.2d 880 (1989)

97 Or.App. 685

STATE of Oregon, Respondent, v. Timothy Dru BENWAY, Appellant.

Court of Appeals of Oregon.

Decided July 26, 1989.

Attorney(s) appearing for the Case

Ingrid A. MacFarlane, Salem, argued the cause for appellant. With her on the brief was Gary D. Babcock, Public Defender, Salem.

Ann Kelley, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

PER CURIAM.

Defendant originally pleaded guilty to delivery of a controlled substance, ORS 475.992(1)(b); the court suspended imposition of sentence and placed him on probation for five years.1 Subsequently, the court found that defendant had violated certain conditions of probation, but continued probation, over his objection and his request to be sentenced to prison.

Defendant assigns error to the continuation of probation over...

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