State v. Zern

822 P.2d 161, 110 Or. App. 562, 1992 Ore. App. LEXIS 27
Court of Appeals of Oregon·Decided January 8, 1992·No. 90-11422; CA A68417·Published·Cited by 1 cases

Opinion

PER CURIAM

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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State v. Zern, 822 P.2d 161, 110 Or. App. 562, 1992 Ore. App. LEXIS 27 (Or. Ct. App. 1992).

822 P.2d 161 (State v. Zern) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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