State v. Spicer

Court of Appeals of Oregon

State v. Spicer

471 P.2d 865, 3 Or. App. 80, 1970 Ore. App. LEXIS 475

CourtCourt of Appeals of Oregon

DecidedJuly 9, 1970

DocketC-46111

StatusPublished

Cited by5 cases

This text of 471 P.2d 865 (State v. Spicer) 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. Spicer, 471 P.2d 865, 3 Or. App. 80, 1970 Ore. App. LEXIS 475 (Or. Ct. App. 1970).

Pincite

Opinion

PER CURIAM.

Defendant was convicted of illegal possession of narcotics and placed on probation for five years. Subsequently, he was convicted of two more narcotics *81 charges and appealed both. The trial judge in the first case revoked probation, taking into consideration the new convictions.

The assignment of error presents one question— when a person is on probation and is convicted of other crimes, which convictions are appealed, do they alone, during pendency of appellate decision, give the court which allowed probation the authority to revoke it?

“* * * It is not necessary to revocation that the person on probation be convicted of a new crime, but only that the trial judge be satisfied that the purposes of probation are not being served, or that the terms thereof have been violated * * Barker v. Ireland, 238 Or 1, 4, 392 P2d 769 (1964).

The trial court did not act arbitrarily or capriciously. State v. Frye, 2 Or App 192, 465 P2d 736 (1970). The trial judge was satisfied from the fact of new convictions that the purposes of probation were not being served.

We hold that revocation of probation was a proper exercise of the trial court’s authority.

Affirmed.

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