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STATE v. HOEPER

10-90-04655, 10-90-05780; CA A66249 (Control), CA A66250.

828 P.2d 1058 (1992)

112 Or. App. 640

STATE of Oregon, Respondent, v. Donald Leroy HOEPER, Appellant.

Court of Appeals of Oregon.

Decided April 22, 1992.

Attorney(s) appearing for the Case

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

Yuanxing Chen, Asst. Atty. Gen., argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

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

PER CURIAM.

Defendant, relying on State v. Wold, 105 Or.App. 158, 160-61, 803 P.2d 782 (1991), seeks vacation of the 180-day jail term that he received as a condition of probation after he pled guilty to DUII.1 ORS 813.010. He contends that the sentence exceeds the maximum allowable by law. ORS 138.050; ORS 138.053. The sentence is proper. State v. Oary,...

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