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117 Or. App. 355

State v. Bouska

Court of Appeals of Oregon

Decided December 23, 1992

Court of Appeals of Oregon · decided 1992-12-23

Decided 1992-12-23

PER CURIAM

¶1Defendant was convicted of theft in the first degree. He appeals, challenging only the special conditions of his probation. ORS 138.060; ORS 138.053(l)(c). He was ordered to enroll in an alcohol treatment program, abstain from using intoxicants and voluntarily submit to breath or blood tests when requested by his probation officer.

¶2The state concedes that there was no connection between the consumption of alcohol and commission of the crime. We accept the concession.

¶3Conviction affirmed; remanded for resentencing.

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