State v. Bourrie

Court of Appeals of Oregon

State v. Bourrie

768 P.2d 446, 95 Or. App. 379, 1989 Ore. App. LEXIS 193

CourtCourt of Appeals of Oregon

DecidedFebruary 22, 1989

DocketCF85-223; CA A48244

StatusPublished

Cited by1 cases

This text of 768 P.2d 446 (State v. Bourrie) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Bourrie, 768 P.2d 446, 95 Or. App. 379, 1989 Ore. App. LEXIS 193 (Or. Ct. App. 1989).

Pincite

Opinion

PER CURIAM

Defendant was found guilty of delivery of a controlled substance and the court imposed a sentence of 10 years, suspended its execution and placed defendant on probation for five years. Later, the court revoked probation and ordered that

“defendant shall be committed to the * * * Correctional Division [sic] * * * for a period of ten (10) years, with a seventeen (17) month minimum.”

Defendant first argues that the court abused its discretion when it revoked his probation. There is no merit to that assignment.

He also contends that the court had no authority to modify the sentence previously imposed by adding the minimum term. The state concedes error. We agree. State v. Stevens, 253 Or 563, 456 P2d 494 (1969); State v. Mossman, 75 Or App 385, 706 P2d 203 (1985).

Remanded for an order vacating the minimum sentence; otherwise affirmed.

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