STATE v. BARTHOLOMEW

C88-01-30343; CA A60660.

789 P.2d 20 (1990)

101 Or.App. 243

STATE of Oregon, Respondent, v. Patricia Jean BARTHOLOMEW, Appellant.

Court of Appeals of Oregon.

Decided April 4, 1990.


Attorney(s) appearing for the Case

Sally L. Avera, Acting Public Defender, Salem, argued the cause and submitted the brief for appellant.

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.


PER CURIAM.

Defendant pled guilty to two counts of forgery in the first degree. The trial court sentenced her on count 1 to four years imprisonment with a 14-month minimum. On count 2, it suspended imposition of sentence and placed her on five years probation, notwithstanding her request that a sentence be imposed. Defendant challenges that portion of the judgment, arguing that, under State v. Carmickle, 307 Or. 1,

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