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STATE v. NEWMAN

D9100127T; CA A68096.

823 P.2d 454 (1992)

111 Or.App. 110

STATE of Oregon, Respondent, v. Tyndel Jay NEWMAN, Appellant.

Court of Appeals of Oregon.

Decided January 22, 1992.

Attorney(s) appearing for the Case

Michael Curtis, Hillsboro, argued the cause and filed the brief for appellant.

Yuanxing Chen, 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., JOSEPH, C.J., and DEITS, J.

PER CURIAM.

Defendant seeks modification of the sentence imposed after his conviction for driving under the influence of intoxicants. ORS 813.010(1). He contends that the court lacked authority to impose a 10-day jail term as a condition of probation. We agree and remand for resentencing.

In State v. Oary, 109 Or.App. 580, 820 P.2d 857 (1991), we held that ORS 813.020 does not authorize...

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