State v. Gross

Court of Appeals of Oregon

State v. Gross

476 P.2d 928, 4 Or. App. 26, 1970 Ore. App. LEXIS 390

DecidedNovember 16, 1970

StatusPublished

This text of 476 P.2d 928 (State v. Gross) 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. Gross, 476 P.2d 928, 4 Or. App. 26, 1970 Ore. App. LEXIS 390 (Or. Ct. App. 1970).

Pincite

Opinion

PER CURIAM

Defendant was convicted of burglary in a dwel[27]*27ling in violation of OES 164.230 and was sentenced to not to exceed 15 years’ imprisonment.

The sole contention on appeal is that the sentence is disproportionate to the offense. The court in passing sentence indicated it was taking into consideration not only the crime for which the defendant had been convicted, but his long history of anti-social behavior. The sentence is authorized by OES 164.230.

The matter of the time in prison to be actually served by the defendant is a matter to be determined by the Board of Parole and Probation — not by this court. See State v. James, 3 Or App 539, 474 P2d 779 (1970).

Affirmed.

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