State v. Van Gorder

Court of Appeals of Oregon

State v. Van Gorder

813 P.2d 1136, 108 Or. App. 333, 1991 Ore. App. LEXIS 1164

CourtCourt of Appeals of Oregon

DecidedJuly 31, 1991

Docket90-CR-0015-ST; CA A66849

StatusPublished

This text of 813 P.2d 1136 (State v. Van Gorder) 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. Van Gorder, 813 P.2d 1136, 108 Or. App. 333, 1991 Ore. App. LEXIS 1164 (Or. Ct. App. 1991).

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Opinion

PER CURIAM

Defendant was convicted, after his plea of guilty, of two misdemeanors. The court placed him on probation and, as one condition, sentenced him to incarceration in the county jail. Defendant contends that, because the offenses were committed after November 1,1989, the effective date of the amendment to ORS 137.540(2), the court had no authority to impose a jail sentence as a condition of probation on a misdemeanor conviction. The state concedes that defendant is correct, and we agree. State v. Wold, 105 Or App 158, 803 P2d 782 (1991).

Convictions affirmed; condition of probation requiring incarceration vacated; remanded for resentencing.

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PER CURIAM

Defendant was convicted, after his plea of guilty, of two misdemeanors. The court placed him on probation and, as one condition, sentenced him to incarceration in the county jail. Defendant contends that, because the offenses were committed after November 1,1989, the effective date of the amendment to ORS 137.540(2), the court had no authority to impose a jail sentence as a condition of probation on a misdemeanor conviction. The state concedes that defendant is correct, and we agree. State v. Wold, 105 Or App 158, 803 P2d 782 (1991).

Convictions affirmed; condition of probation requiring incarceration vacated; remanded for resentencing.

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Bluebook (online)

813 P.2d 1136, 108 Or. App. 333, 1991 Ore. App. LEXIS 1164, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-van-gorder-orctapp-1991.

Opinion

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