State v. Miller

                                   616

  Argued and submitted October 9, affirmed November 18, 2020, petition for
                review denied March 18, 2021 (

)


                    STATE OF OREGON,
                     Plaintiff-Respondent,
                               v.
                  JAMISON JOHN MILLER,
                     Defendant-Appellant.
                  Marion County Circuit Court
                     18CR68294; A170797
                                

   Susan M. Tripp, Judge.
   Jason E. Thompson argued the cause for appellant. Also
on the brief was Thompson Law, LLC.
   Dashiell L. Farewell, Assistant Attorney General, argued
the cause for respondent. Also on the brief were Ellen F.
Rosenblum, Attorney General, and Benjamin Gutman,
Solicitor General.
  Before Lagesen, Presiding Judge, and James, Judge, and
Kamins, Judge.
   PER CURIAM
   Affirmed.
Cite as 

 (2020)                             617

        PER CURIAM
         Defendant appeals a judgment revoking his probation. In his first assignment of error, he contends that the
trial court abused its discretion in revoking his probation.
We conclude otherwise and reject that assignment without further written discussion. In his second assignment of
error, he contends that the court lacked the authority to deny
him eligibility for “good time” reductions in his sentence
under ORS 137.750(1). He acknowledges that we rejected the
same argument in State v. Berger, 

, 

 (2017), but argues that that decision is incorrect and
should be overruled. We are not persuaded. Because Berger
requires us to reject defendant’s argument, we affirm.
        Affirmed.