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STATE v. PAEZ-LOPEZ

95-3750BC2; CA A97027.

964 P.2d 1083 (1998)

155 Or. App. 617

STATE of Oregon, Respondent, v. Francisco PAEZ-LOPEZ, Appellant.

Court of Appeals of Oregon.

Decided September 2, 1998.

Attorney(s) appearing for the Case

Irene B. Taylor, Deputy Public Defender, argued the cause for Appellant. With her on the brief was Sally L. Avera, Public Defender.

Ann Kelley, Assistant Attorney General, argued the cause for Respondent. With her on the brief were Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Tammy Hawkins, Certified Law Student.

Before WARREN, P.J., and EDMONDS and ARMSTRONG, JJ.

ARMSTRONG, Judge.

Defendant appeals from a judgment revoking his probation and sentencing him to sixteen months imprisonment. We conclude that the trial court abused its discretion in revoking defendant's probation and reverse.

Defendant, a foreign national, was arrested in September 1995 and charged with possession and delivery of a controlled substance. He pleaded guilty to the delivery charge and was sentenced to 36 months' probation. As a condition of...

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