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31 Or. App. 1023

State v. Enerson

Court of Appeals of Oregon

Decided December 5, 1977

Court of Appeals of Oregon · decided 1977-12-05

Decided 1977-12-05

PER CURIAM.

¶1Defendant in this case appeals from a 1977 order revoking his probation and ordering him to serve the five-year sentence imposed in 1975 when the trial court had sentenced him to five years in prison, but suspended the execution of sentence and placed him on probation for a like period. The defendant concedes that revocation of probation was warranted, but argues that the five-year sentence was excessive and should be modified. Assuming, arguendo, that we have jurisdiction over the sentence, see State v. Goodin, 1 Or App 559, 465 P2d 487 (1970); State v. Gates, 230 Or 84, 368 P2d 605 (1962), we would not modify the sentence.

¶2Affirmed.

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