State v. Melson
816 P.2d 695, 108 Or. App. 572, 1991 Ore. App. LEXIS 1259
Opinion
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.
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State v. Melson, 816 P.2d 695, 108 Or. App. 572, 1991 Ore. App. LEXIS 1259 (Or. Ct. App. 1991).
816 P.2d 695 (State v. Melson) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
State v. Vasby
788 P.2d 1024 (Court of Appeals of Oregon, 1990)