STATE v. GAILEY

A173628.

503 P.3d 1290 (2022)

317 Or. App. 285

STATE of Oregon, Plaintiff-Respondent, v. Mark Edward GAILEY, Defendant-Appellant.

Court of Appeals of Oregon.

January 26, 2022.


Attorney(s) appearing for the Case

Ernest G. Lannet , Chief Defender, Criminal Appellate Section, and Mark Kimbrell , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Susan G. Howe , Assistant Attorney General, filed the brief for respondent.

Before Ortega, Presiding Judge, and Shorr, Judge, and Powers, Judge.


Defendant appeals from a judgment of contempt for violating a restraining order. On appeal, defendant raises four assignments of error, each challenging a different special condition of probation. The state argues that defendant failed to preserve his arguments for appeal but concedes that the trial court plainly erred in imposing the special...

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