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State v. Newman

823 P.2d 454, 111 Or. App. 110, 1992 Ore. App. LEXIS 237
CourtCourt of Appeals of Oregon
DecidedJanuary 22, 1992
DocketD9100127T; CA A68096
StatusPublished

This text of 823 P.2d 454 (State v. Newman) 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. Newman, 823 P.2d 454, 111 Or. App. 110, 1992 Ore. App. LEXIS 237 (Or. Ct. App. 1992).

Opinion

PER CURIAM

Defendant seeks modification of the sentence imposed after his conviction for driving under the influence of intoxicants. ORS 813.010(1). He contends that the court lacked authority to impose a 10-day jail term as a condition of probation. We agree and remand for resentencing.

In State v. Oary, 109 Or App 580, 820 P2d 857 (1991), we held that ORS 813.020 does not authorize probation in DUII cases. A 10-day jail term as a condition of probation is also not authorized. State v. Zern, 110 Or App 562, 822 P2d 161 (1992).

Conviction affirmed; sentence vacated and remanded for resentencing.

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Related

State v. Oary
820 P.2d 857 (Court of Appeals of Oregon, 1991)
State v. Zern
822 P.2d 161 (Court of Appeals of Oregon, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
823 P.2d 454, 111 Or. App. 110, 1992 Ore. App. LEXIS 237, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-newman-orctapp-1992.