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STATE v. MARTIN

03C-40842, 04C-41831 A129854 (Control), A129855.

188 P.3d 432 (2008)

221 Or. App. 78

STATE Of Oregon, Plaintiff-Respondent, v. Justin Joe MARTIN, Defendant-Appellant.

Court of Appeals of Oregon.

Decided July 2, 2008.

Attorney(s) appearing for the Case

Ingrid Swenson, Executive Director, Peter Gartlan, Chief Defender, Legal Services Division, and John L. Susac, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and David B. Thompson, Senior Assistant Attorney General, filed the brief for respondent.

Before EDMONDS, Presiding Judge, and WOLLHEIM, Judge, and SERCOMBE, Judge.

WOLLHEIM, J.

Defendant appeals a judgment revoking his probation, arguing that the trial court erred in revoking his probation based only on its finding that he was not benefitting from probation. Defendant acknowledges that he did not preserve the asserted error in the trial court but contends that we should review it as error apparent on the face of the record. ORAP 5.45(1). As we explain, the asserted error is not reviewable because the legal point is not obvious...

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