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STATE v. FRENCH

2004-00108; A129102.

145 P.3d 305 (2006)

208 Or. App. 652

STATE of Oregon, Respondent, v. Douglas Stephen FRENCH, Appellant.

Court of Appeals of Oregon.

Decided October 11, 2006.

Attorney(s) appearing for the Case

Stephanie Hortsch, Deputy Public Defender, argued the cause for appellant. With her on the brief were Peter A. Ozanne, Executive Director, Office of Public Defense Services, and Peter Gartlan, Chief Defender, Legal Services Division.

Steven R. Powers, argued the cause for respondent. On the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Julie A. Smith, Assistant Attorney General.

Before EDMONDS, Presiding Judge, and BREWER, Chief Judge, and YRAGUEN, Senior Judge.

YRAGUEN, S.J.

Defendant appeals from the judgment of the trial court amending his sentence imposed after revocation of probation. He contends that the trial court lacked authority to amend the sentence after he was delivered to the custody of the Department of Corrections, and that, even if the trial court had authority to modify the judgment, it was error to do so without providing him with notice and an opportunity to be heard. We review the record for legal error...

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