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STATE v. PRESTON-MITTASCH

A173418.

510 P.3d 931 (2022)

319 Or. App. 507

STATE of Oregon, Plaintiff-Respondent, v. Trent Theophulis PRESTON-MITTASCH IV, Defendant-Appellant.

Court of Appeals of Oregon.

May 11, 2022.

Attorney(s) appearing for the Case

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

Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Joseph Callahan , Assistant Attorney General, filed the brief for respondent.

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

Defendant appeals from a judgment revoking his probation on a conviction for menacing, ORS 163.190, a Class A misdemeanor. On appeal, defendant argues that the trial court exceeded its authority under ORS 137.545(5)(a) when it sentenced him to a 30-day jail term after revoking his probation because the trial court previously had imposed...

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