STATE v. VAN GORDER

90-CR-0015-ST; CA A66849.

813 P.2d 1136 (1991)

108 Or.App. 333

STATE of Oregon, Respondent, v. Jack Paul VAN GORDER, Appellant.

Court of Appeals of Oregon.

Decided July 31, 1991.


Attorney(s) appearing for the Case

David E. Groom, Portland, filed the brief for appellant.

Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Janet A. Klapstein, Asst. Atty. Gen., Salem, filed the brief for respondent.

Before RICHARDSON, P.J., JOSEPH, C.J., and DEITS, J.


PER CURIAM.

Defendant was convicted, after his plea of guilty, of two misdemeanors. The court placed him on probation and, as one condition, sentenced him to incarceration in the county jail. Defendant contends that, because the offenses were committed after November 1, 1989, the effective date of the amendment to ORS 137.540(2), the court had no authority to impose a jail sentence as a condition of probation on a misdemeanor conviction. The state concedes that defendant...

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