State v. Zern
This text of 822 P.2d 161 (State v. Zern) 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 seeks modification of the sentence imposed after his conviction for driving under the influence of intoxicants (DUII). ORS 813.010(1). He contends that the court lacked authority to place him on probation. Defendant is correct. In State v. Oary, 109 Or App 580, 583, 820 P2d 857 (1991), we held that ORS 813.020 does not authorize probation in DUII cases.
Conviction affirmed; remanded for resentencing.
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Cite This Page — Counsel Stack
822 P.2d 161, 110 Or. App. 562, 1992 Ore. App. LEXIS 27, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-zern-orctapp-1992.