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10 Or. App. 487

State v. Hatcher

Court of Appeals of Oregon

Decided September 8, 1972

Court of Appeals of Oregon · decided 1972-09-08

Applies OR 137 § 137.010 · OR 161 § 161.615 · OR 161 § 161.635 · OR 164 § 164.255

Decided 1972-09-08

PER CURIAM.

¶1Defendant was charged with criminal trespass, a Class A misdemeanor, in violation of ORS 164.255. *488lie pled guilty and was sentenced to the maximum punishment provided by ORS 161.615 and 161.635, i.e., one year in the county jail and $1,000 fine.

¶2He appeals contending that the sentence is in excess of that provided by law.

¶3ORS 137.010(5) expressly authorizes the imposition of both imprisonment and a fine.

¶4The sentence imposed on defendant is within the limits prescribed by law. Defendant’s contention is without merit.

¶5Affirmed.

¶6 ORS 161.615 provides:

“Sentences for misdemeanors shall be for a definite term. The court shall fix the term of imprisonment within the following maximum limitations:
“(1) For a Class A misdemeanor, 1 year.

¶7ORS 161.635 provides:

“(1) A sentence to pay a fine for a misdemeanor shall be a sentence to pay an amount, fixed by the court, not exceeding:
“(a) $1,000 for a Class A misdemeanor.

¶8 ORS 137.010(5) provides:

“When a person is convicted of an offense and the court does not suspend the imposition or execution of sentence or when a suspended sentence or probation is revoked, the court shall impose the following sentence:
“(a) A term of imprisonment; or
“(b) A fine; or
“(c) Both imprisonment and a fine; or
“(d) Discharge of the defendant.”
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