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McNUTT v. STATE

No. 16-80-10401; CA A21463.

642 P.2d 692 (1982)

56 Or.App. 545

Stanley Earl McNutt, Respondent, v. STATE of Oregon, Appellant.

Court of Appeals of Oregon.

Argued and Submitted October 23, 1981.

Reconsideration Denied April 27, 1982.

Attorney(s) appearing for the Case

William F. Nessly, Jr., Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen. and William F. Gary, Sol. Gen., Salem.

William S. Wiley, Eugene, argued the cause for respondent. With him on the brief was Butler, Husk, Gleaves & Swearingen, Eugene.

Before RICHARDSON, P.J., and THORNTON and VAN HOOMISSEN, JJ.

VAN HOOMISSEN, Judge.

Petitioner pleaded guilty in district court to the offense of removal of material from the bed of a stream contrary to the conditions of a permit. ORS 541.615(1).1 Imposition of sentence was suspended, and he was placed on probation for two years. As a condition of probation, defendant was ordered to pay a $1,000 fine. Instead of taking a direct appeal, petitioner sought post-conviction relief, contending that (1...

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