State v. Van Gorder

Full title: STATE OF OREGON, Respondent, v. JACK PAUL VAN GORDER, Appellant

Court: Oregon Court of Appeals

Date published: Jun 26, 1991

813 P.2d 1136 (Or. Ct. App. 1991)

813 P.2d 1136

Opinion

90-CR-0015-ST; CA A66849

Submitted June 26, 1991

Appeal from Circuit Court, Deschutes County.

Stephen N. Tiktin, Judge.

David E. Groom, Portland, filed the brief for appellant.

Dave Frohnmayer, Attorney General, Virginia L. Linder, Solicitor General, and Janet A. Klapstein, Assistant Attorney General, Salem, filed the brief for respondent.

Before Richardson, Presiding Judge, Joseph, Chief Judge,^_ and Deits, Judge.

_ Joseph, C.J., vice Newman, J.

PER CURIAM

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

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 P.2d 782 (1991).

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