STATE v. REIMERS

B68-253; CA A62647.

793 P.2d 1382 (1990)

102 Or.App. 192

STATE of Oregon, Respondent, v. Royal T. REIMERS, Appellant.

Court of Appeals of Oregon.

Decided June 20, 1990.

Reconsideration Denied August 22, 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, Acting 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.


RICHARDSON, Presiding Judge.

Defendant appeals an order revoking his probation and imposing a one-year sentence. He contends that the court lacked authority to impose the sentence. We reverse and remand.

Defendant pleaded guilty to theft in the second degree, ORS 164.045, and was placed on five years probation. The order of probation did not provide that either imposition or execution of sentence was suspended.1 At a subsequent...

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