STATE v. ROY

CM0120661; A122505.

108 P.3d 88 (2005)

198 Or. App. 209

STATE of Oregon, Appellant, v. Robert Eugene ROY, Respondent.

Court of Appeals of Oregon.

Decided March 9, 2005.


Attorney(s) appearing for the Case

Kathleen Cegla, Assistant Attorney General, argued the cause for appellant. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Michael E. Rose, Portland, argued the cause for respondent. With him on the brief was Steeson, Schumann, Tewksbury and Rose, PC.

Before HASELTON, Presiding Judge, and LINDER and ORTEGA, Judges.


HASELTON, P.J.

The state appeals from an order that determined that defendant had committed a probation violation and that continued defendant's probation, rather than revoking probation and imposing a sanction of imprisonment. The state argues that the trial court erred in failing to revoke defendant's probation and, particularly, that the court's failure in that regard violated the terms of a stipulated sentencing agreement by which a violation of probation would...

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