State v. Melson

Court of Appeals of Oregon

State v. Melson

816 P.2d 695, 108 Or. App. 572, 1991 Ore. App. LEXIS 1259

CourtCourt of Appeals of Oregon

DecidedAugust 28, 1991

DocketC8911-36112; CA A63826

StatusPublished

This text of 816 P.2d 695 (State v. Melson) 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. Melson, 816 P.2d 695, 108 Or. App. 572, 1991 Ore. App. LEXIS 1259 (Or. Ct. App. 1991).

Pincite

Opinion

PER CURIAM

Defendant was convicted of assault in the first degree. ORS 163.185. The court suspended imposition of sentence, placed him on probation for five years and imposed a $10,000 fine, which was not a condition of probation. The state concedes that the sentence is internally inconsistent and that the court lacked authority to suspend imposition of sentence and also to impose a sentence to pay a fine. See State v. Vasby, 101 Or App 1, 788 P2d 1024 (1990).

Conviction affirmed; sentence vacated; remanded for resentencing.

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

PER CURIAM

Defendant was convicted of assault in the first degree. ORS 163.185. The court suspended imposition of sentence, placed him on probation for five years and imposed a $10,000 fine, which was not a condition of probation. The state concedes that the sentence is internally inconsistent and that the court lacked authority to suspend imposition of sentence and also to impose a sentence to pay a fine. See State v. Vasby, 101 Or App 1, 788 P2d 1024 (1990).

Conviction affirmed; sentence vacated; remanded for resentencing.

Cite This Page — Counsel Stack

Bluebook (online)

816 P.2d 695, 108 Or. App. 572, 1991 Ore. App. LEXIS 1259, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-melson-orctapp-1991.

Opinion

Related

Cite This Page — Counsel Stack