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STATE v. HAUSKINS

096364; A144002.

281 P.3d 669 (2012)

251 Or. App. 34

STATE of Oregon, Plaintiff-Respondent, v. Billy Ray HAUSKINS, Defendant-Appellant.

Court of Appeals of Oregon.

Decided July 5, 2012.

Attorney(s) appearing for the Case

Neil F. Byl , Deputy Public Defender, argued the cause for appellant. With him on the briefs was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Gregory A. Rios , Assistant Attorney General, argued the cause for respondent. On the brief were John R. Kroger , Attorney General, Mary H. Williams , Solicitor General, and Ryan Kahn , Assistant Attorney General.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and NAKAMOTO, Judge.

SCHUMAN, P.J.

While on probation for possession of controlled substances, defendant produced a urine sample that tested positive for drugs. When his probation officer told him the test results, defendant stated, "Yes. I used." On the basis of that confession, the court found defendant in contempt of court under ORS 33.0651 and ORS 33.105(2)2 for violating a condition of his probation, and it imposed a punitive...

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