State v. Steuwer
This text of 812 P.2d 15 (State v. Steuwer) 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 appeals her conviction for driving while her operator’s license was suspended, a misdemeanor. ORS 811.182. She pled guilty to the charge, and the court placed her on two years probation; one condition of probation was that she serve 30 days in jail. She contends that incarceration for a misdemeanor as a condition of probation is unlawful. We agree and remand for resentencing.
Defendant was convicted for a crime that was committed after November 1, 1989. ORS 137.540(2), provides that, for a crime committed after that date, a jail sentence may be imposed as a condition of probation only for a felony. State v. Wold, 105 Or App 158, 803 P2d 782 (1991). Because defendant was convicted of a misdemeanor, the imposition of a jail term as a condition of probation is not authorized.
Conviction affirmed; sentence vacated; remanded for resentencing.
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Cite This Page — Counsel Stack
812 P.2d 15, 107 Or. App. 372, 1991 Ore. App. LEXIS 817, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-steuwer-orctapp-1991.