State v. Enerson

Court of Appeals of Oregon

State v. Enerson

571 P.2d 921, 31 Or. App. 1023, 1977 Ore. App. LEXIS 2106

Court of Appeals of Oregon·Decided December 5, 1977·No. No. 8722, CA 8589·Published

Opinion

PER CURIAM.

Defendant in this case appeals from a 1977 order revoking his probation and ordering him to serve the five-year sentence imposed in 1975 when the trial court had sentenced him to five years in prison, but suspended the execution of sentence and placed him on probation for a like period. The defendant concedes that revocation of probation was warranted, but argues that the five-year sentence was excessive and should be modified. Assuming, arguendo, that we have jurisdiction over the sentence, see State v. Goodin, 1 Or App 559, 465 P2d 487 (1970); State v. Gates, 230 Or 84, 368 P2d 605 (1962), we would not modify the sentence.

Affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Defendant in this case appeals from a 1977 order revoking his probation and ordering him to serve the five-year sentence imposed in 1975 when the trial court had sentenced him to five years in prison, but suspended the execution of sentence and placed him on probation for a like period. The defendant concedes that revocation of probation was warranted, but argues that the five-year sentence was excessive and should be modified. Assuming, arguendo, that we have jurisdiction over the sentence, see State v. Goodin, 1 Or App 559, 465 P2d 487 (1970); State v. Gates, 230 Or 84, 368 P2d 605 (1962), we would not modify the sentence.

Affirmed.

State v. Enerson, 571 P.2d 921, 31 Or. App. 1023, 1977 Ore. App. LEXIS 2106 (Or. Ct. App. 1977).

Pincite

571 P.2d 921 (State v. Enerson) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related