STATE v. BOUSKA

90CR-1746; CA A72198.

842 P.2d 815 (1992)

117 Or. App. 355

STATE of Oregon, Respondent, v. Richard William BOUSKA, Appellant.

Court of Appeals of Oregon.

Decided December 23, 1992.


Attorney(s) appearing for the Case

Stephen J. Williams, Salem, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender, Salem.

Jonathan H. Fussner, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before BUTTLER, P.J., and ROSSMAN and DE MUNIZ, JJ.


PER CURIAM.

Defendant was convicted of theft in the first degree. He appeals, challenging only the special conditions of his probation. ORS 138.060; ORS 138.053(1)(c). He was ordered to enroll in an alcohol treatment program, abstain from using intoxicants and voluntarily submit to breath or blood tests when requested by his probation officer.

The state concedes that there was no connection between the consumption of alcohol and commission of the crime. We...

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