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STATE v. ZERN

90-11422; CA A68417.

822 P.2d 161 (1992)

110 Or.App. 562

STATE of Oregon, Respondent, v. Randall James ZERN, Appellant.

Court of Appeals of Oregon.

Decided January 8, 1992.

Attorney(s) appearing for the Case

Richard L. Wolf, Oregon City, argued the cause and filed the brief for appellant.

Yuanxing Chen, 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 RICHARDSON, P.J., and DEITS and DE MUNIZ, JJ.

PER CURIAM.

Defendant seeks modification of the sentence imposed after his conviction for driving under the influence of intoxicants (DUII). ORS 813.010(1). He contends that the court lacked authority to place him on probation. Defendant is correct. In State v. Oary, 109 Or.App. 580, 583, 820 P.2d 857 (1991), we held that ORS 813.020 does not authorize probation in DUII cases.

Conviction...

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