STATE v. FORTIER


533 P.2d 187 (1975)

STATE of Oregon, Respondent, v. Mark Leon FORTIER, Appellant.

Court of Appeals of Oregon.

Decided March 24, 1975.

Rehearing Denied April 30, 1975.

Review Denied May 20, 1975.


Attorney(s) appearing for the Case

Michael V. Phillips, Eugene, argued the cause for appellant. With him on the brief were Hammons, Phillips & Jensen, Eugene.

Timothy Wood, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Before SCHWAB, C.J., and LANGTRY and THORNTON, JJ.


THORNTON, Judge.

Defendant appeals from an order revoking his probation. In support of his attack upon the revocation order, defendant makes the following assignments of error:

(1) The court erred in applying the "preponderance of the evidence" standard in finding a violation of probation.

(2) The court erred in revoking probation for the same charges upon which defendant had been acquitted by a jury.

(3) The court erred in failing to provide...

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