State v. Case

Court of Appeals of Oregon

State v. Case

806 P.2d 185, 106 Or. App. 177, 1991 Ore. App. LEXIS 274

CourtCourt of Appeals of Oregon

DecidedFebruary 27, 1991

DocketCF 89-443; CA A63245

StatusPublished

This text of 806 P.2d 185 (State v. Case) 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. Case, 806 P.2d 185, 106 Or. App. 177, 1991 Ore. App. LEXIS 274 (Or. Ct. App. 1991).

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Opinion

PER CURIAM

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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PER CURIAM

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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Bluebook (online)

806 P.2d 185, 106 Or. App. 177, 1991 Ore. App. LEXIS 274, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-case-orctapp-1991.

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