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108 Or. App. 572

State v. Melson

Court of Appeals of Oregon

Decided August 28, 1991

Court of Appeals of Oregon · decided 1991-08-28

Applies OR 163 § 163.185

Decided 1991-08-28

PER CURIAM

¶1Defendant was convicted of assault in the first degree. ORS 163.185. The court suspended imposition of sentence, placed him on probation for five years and imposed a $10,000 fine, which was not a condition of probation. The state concedes that the sentence is internally inconsistent and that the court lacked authority to suspend imposition of sentence and also to impose a sentence to pay a fine. See State v. Vasby, 101 Or App 1, 788 P2d 1024 (1990).

¶2Conviction affirmed; sentence vacated; remanded for resentencing.

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