State v. Mast
This text of 819 P.2d 1392 (State v. Mast) 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.
Opinion
Defendant was convicted of driving while suspended, a class C felony, and was placed on five years probation. Subsequently, his probation was revoked. There were three alleged violations: (1) he failed to abide by certain directions of his probation officer; (2) he changed his residence without permission; and (3) he consumed alcoholic liquor. The court discussed all three allegations as bases for revoking defendant’s probation. Defendant appeals.
The state points out that abstaining from alcohol was not a condition of defendant’s probation, and it concedes that revoking the probation on that ground would have been a mistake. Because it is unclear whether the consumption of alcohol was a basis for revoking the probation, we remand for reconsideration.
Reversed and remanded for reconsideration.
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Cite This Page — Counsel Stack
819 P.2d 1392, 109 Or. App. 485, 1991 Ore. App. LEXIS 1611, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mast-orctapp-1991.