State v. Case
806 P.2d 185, 106 Or. App. 177, 1991 Ore. App. LEXIS 274
Opinion
Defendant seeks modification of the sentence imposed following his conviction for attempted rape in the first degree. He argues that the trial court erred by imposing conditions of parole as part of the sentence. Although a trial court may recommend particular conditions of parole, it lacks authority to order them. State v. George, 90 Or App 496, 752 P2d 1265 (1988); State v. Duff, 54 Or App 669, 635 P2d 679 (1981). The state concedes the error, and we agree.
Conviction affirmed; remanded for resentencing.
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State v. Case, 806 P.2d 185, 106 Or. App. 177, 1991 Ore. App. LEXIS 274 (Or. Ct. App. 1991).
806 P.2d 185 (State v. Case) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
State v. George
752 P.2d 1265 (Court of Appeals of Oregon, 1988)
State v. Duff
635 P.2d 679 (Court of Appeals of Oregon, 1981)