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STATE v. OARY

900126; CA A67230.

829 P.2d 90 (1992)

112 Or. App. 296

STATE of Oregon, Respondent, v. Lawrence Lee OARY, Appellant.

Court of Appeals of Oregon.

Decided April 8, 1992.

Attorney(s) appearing for the Case

No appearance contra.

Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Jonathan H. Fussner, Asst. Atty. Gen., Salem, for petition.

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

On State's Petition for Reconsideration.

ROSSMAN, Judge.

The state seeks review of State v. Oary, 109 Or.App. 580, 820 P.2d 857 (1991), which addressed the availability of jail time as a condition of probation in DUII cases. We allow reconsideration, ORAP 9.15, modify our opinion and adhere to it as modified.

Defendant was convicted of DUII in October, 1990. The court sentenced...

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