STATE v. WHEELER

A174860.

511 P.3d 1142 (2022)

320 Or. App. 273

STATE of Oregon, Plaintiff-Respondent, v. David Wayne WHEELER, Defendant-Appellant.

Court of Appeals of Oregon.

June 8, 2022.


Attorney(s) appearing for the Case

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

Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Jon Zunkel-deCoursey , Assistant Attorney General, filed the brief for respondent.

Before Shorr, Presiding Judge, and Pagán, Judge, and Armstrong, Senior Judge.


Defendant appeals from a probation violation judgment, which revoked his probation and sentenced him to prison and post-prison supervision (PPS) on two counts of attempted sexual abuse in the first degree. See ORS 161.405 (defining attempt and the various attempt crime classifications); ORS 163.427 (defining sexual abuse in the first...

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