STATE v. SMITH

C82-10-37834; CA A49363.

779 P.2d 1097 (1989)

98 Or.App. 543

STATE of Oregon, Respondent, v. Bart Allan SMITH, Appellant.

Court of Appeals of Oregon.

Argued and Submitted June 28, 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.

Vera Langer, 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 GRABER, P.J., and RIGGS and EDMONDS, JJ.


GRABER, Presiding Judge.

Defendant appeals from an order revoking his probation and sentencing him to prison. ORS 138.040. He argues, first, that the trial court lacked statutory authority to revoke his probation, because it had already relied on the same violation to extend his probation. Second, he contends that he was denied the due process that the Fifth and Fourteenth Amendments require. We reverse on the first ground and, therefore, need not consider the second...

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