Public-domain · open source
OpenJurist

106 Or. App. 177

State v. Case

Court of Appeals of Oregon

Decided February 27, 1991

Court of Appeals of Oregon · decided 1991-02-27

Decided 1991-02-27

PER CURIAM

¶1Defendant seeks modification of the sentence imposed following his conviction for attempted rape in the first degree. He argues that the trial court erred by imposing conditions of parole as part of the sentence. Although a trial court may recommend particular conditions of parole, it lacks authority to order them. State v. George, 90 Or App 496, 752 P2d 1265 (1988); State v. Duff, 54 Or App 669, 635 P2d 679 (1981). The state concedes the error, and we agree.

¶2Conviction affirmed; remanded for resentencing.

/106/orapp/177 · .json · Public domain