STATE v. NIEDERMARK

C8704-31828; CA A62668.

803 P.2d 282 (1990)

105 Or. App. 16

STATE of Oregon, Respondent, v. Brent M. NIEDERMARK, Appellant.

Court of Appeals of Oregon.

Decided December 26, 1990.


Attorney(s) appearing for the Case

Henry M. Silberblatt, Salem, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender, Salem.

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

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


RICHARDSON, Presiding Judge.

Defendant appeals an order continuing probation and challenges the sentence imposed after the court found that he had violated certain conditions of his probation. He contends that the court did not have authority to continue his probation and also execute a sentence previously imposed. We remand for resentencing.

After a conviction for intimidation in the first degree, a Class C felony...

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