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STATE v. CROCKER

No. 87-CR-1724, 87-CR-1725; CA A46952.

771 P.2d 1026 (1989)

96 Or.App. 111

STATE of Oregon, Respondent, v. Jerry Lee CROCKER, Appellant.

Court of Appeals of Oregon.

Decided April 12, 1989.

Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for appellant.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. On the brief were Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Erik Wasmann, Asst. Atty. Gen., Salem.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

BUTTLER, Presiding Judge.

In our original opinion issued February 22, 1989, 95 Or.App. 260 (1989), we dismissed this appeal, because defendant had pleaded guilty, imposition of sentence had been suspended and defendant had been granted probation, which, under State v. Carmickle, 307 Or. 1, 762 P.2d 290 (1988), was not a "sentence" within the meaning of ORS 138.050.1

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