STATE v. HIKES

200923972B; A148438.

323 P.3d 298 (2014)

261 Or. App. 30

STATE of Oregon, Plaintiff-Respondent, v. Michael Dean HIKES, Defendant-Appellant.

Court of Appeals of Oregon.

Decided February 12, 2014.


Attorney(s) appearing for the Case

Erin Galli and Chilton & Galli, LLC, filed the brief for appellant.

John R. Kroger , Attorney General, Anna M. Joyce , Solicitor General, and Timothy A. Sylwester , Assistant Attorney General, filed the brief for respondent.

Before DUNCAN, Presiding Judge, and WOLLHEIM, Judge, and SCHUMAN, Senior Judge.


WOLLHEIM, J.

As part of a stipulated plea agreement defendant pleaded guilty to second-degree burglary, ORS 164.215, a Class C felony. The court imposed a downward departure sentence, from the presumptive sentence of 24 months in prison, as required by ORS 137.717, to a sentence of 36 months' probation, subject to conditions. Defendant violated his probation by committing the offense of driving while suspended. The trial court revoked defendant's probation and imposed...

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