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STATE v. L. BROWN

DA 438569; CA A71255.

838 P.2d 624 (1992)

115 Or. App. 327

STATE of Oregon, Respondent, v. Ervin L. BROWN, Appellant.

Court of Appeals of Oregon.

Decided September 30, 1992.

Attorney(s) appearing for the Case

Brian D. Aaron, Portland, argued the cause and filed the brief, for appellant.

Michael C. Livingston, 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 ROSSMAN, P.J., and EDMONDS and DE MUNIZ, JJ.

ROSSMAN, Presiding Judge.

Defendant was convicted in a jury trial of menacing, ORS 163.190, a misdemeanor. He was charged by complaint with having committed the crime on February 5, 1991. He seeks vacation of the 30-day jail sentence that he received as a condition of probation. We affirm.

Defendant argues that the trial court erred in applying ORS 137.540(2)(a), as amended by Or.Laws 1991, ch. 196, § 1, which became effective on June 10, 1991...

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