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STATE v. JOHNSTON

0005496C; A111471.

31 P.3d 1101 (2001)

176 Or. App. 418

STATE of Oregon, Respondent, v. Paul McCauley JOHNSTON, Appellant.

Court of Appeals of Oregon.

Decided September 5, 2001.

Attorney(s) appearing for the Case

Anne Morrison argued the cause for appellant. With her on the brief was Ricker and Roberson.

Jennifer S. Lloyd, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before LANDAU, Presiding Judge, and LINDER and BREWER, Judges.

BREWER, J.

Defendant was convicted of criminal nonsupport, ORS 163.555, and felony failure to appear, ORS 162.205. The trial court sentenced him to probation and ordered that he serve 60 days in the county jail as a condition of probation, with credit for time served. The trial court also ordered, as a special condition of probation, that defendant "[s]hall pay per diem of $39.75 for each day served" in the county jail. Defendant appeals, arguing that the trial court...

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