State v. Ward

Court of Appeals of Oregon

State v. Ward

650 P.2d 164

CourtCourt of Appeals of Oregon

DecidedSeptember 1, 1982

Docket79-1905 CA A22964, No. 79-1988 CA A22963 and No. 81-1741 CA A22962 (control)

StatusPublished

Cited by3 cases

This text of 650 P.2d 164 (State v. Ward) 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. Ward, 650 P.2d 164 (Or. Ct. App. 1982).

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Opinion

650 P.2d 164 (1982) 59 Or.App. 42

STATE of Oregon, Respondent,
v.
Marty John WARD, Appellant.

No. 79-1905; CA A22964, No. 79-1988; CA A22963 and No. 81-1741; CA A22962 (control).

Court of Appeals of Oregon.

Argued and Submitted March 29, 1982. Decided September 1, 1982.

Ronald K. Cox, Asst. Coos County Public Defender, Coquille, argued the cause and filed the brief for appellant.

Barbara A. Jacobson, Certified Law Student, Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., William F. Gary, Sol. Gen., and James E. Mountain, Jr., Deputy Sol. Gen., Salem.

Before GILLETTE, P.J., and JOSEPH, C.J.,^[*] and YOUNG, J.

PER CURIAM.

Defendant appeals the sentence imposed after his conviction for burglary in the second degree, ORS 164.215, and revocation of his probation on previous burglary convictions. The only matter requiring a written opinion is defendant's argument that ordering the sentence on this burglary conviction to run consecutively to a 1980 Douglas County sentence was improper, because, at the time of sentencing, his probation on the Douglas County sentence had not been revoked. He correctly relies on State v. *165 DeChenne, 39 Or. App. 901, 594 P.2d 831 (1979).

Remanded for resentencing.

NOTES

[*] Joseph, C.J., vice Warden, J.

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650 P.2d 164 (1982) 59 Or.App. 42

STATE of Oregon, Respondent,
v.
Marty John WARD, Appellant.

No. 79-1905; CA A22964, No. 79-1988; CA A22963 and No. 81-1741; CA A22962 (control).

Court of Appeals of Oregon.

Argued and Submitted March 29, 1982. Decided September 1, 1982.

Ronald K. Cox, Asst. Coos County Public Defender, Coquille, argued the cause and filed the brief for appellant.

Barbara A. Jacobson, Certified Law Student, Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., William F. Gary, Sol. Gen., and James E. Mountain, Jr., Deputy Sol. Gen., Salem.

Before GILLETTE, P.J., and JOSEPH, C.J.,^[*] and YOUNG, J.

PER CURIAM.

Defendant appeals the sentence imposed after his conviction for burglary in the second degree, ORS 164.215, and revocation of his probation on previous burglary convictions. The only matter requiring a written opinion is defendant's argument that ordering the sentence on this burglary conviction to run consecutively to a 1980 Douglas County sentence was improper, because, at the time of sentencing, his probation on the Douglas County sentence had not been revoked. He correctly relies on State v. *165 DeChenne, 39 Or. App. 901, 594 P.2d 831 (1979).

Remanded for resentencing.

NOTES

[*] Joseph, C.J., vice Warden, J.

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Bluebook (online)

650 P.2d 164, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ward-orctapp-1982.

Opinion

STATE of Oregon, Respondent, v. Marty John WARD, Appellant.

NOTES

Related

Cite This Page — Counsel Stack

STATE of Oregon, Respondent,
v.
Marty John WARD, Appellant.