STATE v. FULLER

91CR0229; CA A70172.

833 P.2d 1383 (1992)

114 Or. App. 416

STATE of Oregon, Respondent, v. Joel Kelly FULLER, Appellant.

Court of Appeals of Oregon.

Decided July 22, 1992.


Attorney(s) appearing for the Case

Chris G. Palmer, Coquille, argued the cause for appellant. With him on the brief was Woods & Palmer, Coquille.

Ann F. Kelley, Asst. Atty. Gen., Salem, argued the cause for respondent. With her 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.

We affirm defendant's conviction and write only to address his third assignment of error, which challenges his sentence. After conviction, the court placed defendant on probation and required that he serve sixty days in jail. At the time that he was sentenced, ORS 137.540(2) did not allow a jail term to be imposed as a condition of probation for misdemeanors. State v. Wold, 105 Or.App...

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