STATE v. EVETT

10-88-01541; CA A61332.

793 P.2d 880 (1990)

102 Or.App. 37

STATE of Oregon, Respondent, v. Richard Eugene EVETT, Appellant.

Court of Appeals of Oregon.

Decided May 30, 1990.


Attorney(s) appearing for the Case

Jay W. Frank, Eugene, argued the cause for appellant. With him on the brief was Moule & Frank, Eugene.

Janet A. Klapstein, 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 BUTTLER, P.J., and WARREN and ROSSMAN, JJ.


ROSSMAN, Judge.

Defendant appeals his convictions for kidnapping in the first degree, ORS 163.235, burglary in the first degree, ORS 164.225, and assault in the fourth degree, ORS 163.160. He argues that the trial court erred in placing him on probation for the kidnapping and burglary convictions, because it already had imposed a sentence on him for those offenses.

Following a sentencing hearing, the court issued a written "Order of Probation" that provided...

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