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108 Or. App. 333

State v. Van Gorder

Court of Appeals of Oregon

Decided July 31, 1991

Court of Appeals of Oregon · decided 1991-07-31

Decided 1991-07-31

PER CURIAM

¶1Defendant 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 P2d 782 (1991).

¶2Convictions affirmed; condition of probation requiring incarceration vacated; remanded for resentencing.

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