STATE v. LEBECK

(C94-10-37088; CA A102052)

17 P.3d 504 (2000)

171 Or. App. 581

STATE of Oregon, Appellant, v. Nicholas Einardi LEBECK, Respondent.

Court of Appeals of Oregon.

Decided December 27, 2000.


Attorney(s) appearing for the Case

Jonathan H. Fussner, Assistant Attorney General, argued the cause for appellant. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Tom Ryan, Portland, argued the cause and filed the brief for respondent.

Before HASELTON, Presiding Judge, and DEITS, Chief Judge, and WOLLHEIM, Judge.


HASELTON, P.J.

The state appeals an amended judgment of conviction and sentence that effectively replaced four prison sentences that had been stayed pending appeal with four sentences of probation. The state assigns error to the trial court's determination that it had authority to modify the sentences, arguing that, because the four prison sentences were to run concurrently with a sentence of probation that defendant was serving at the time of the amendment, the prison...

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