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STATE v. DONOVAN

Nos. TC 41356; CA A45417; SC S35449.

770 P.2d 581 (1989)

307 Or. 461

STATE of Oregon, Respondent On Review, v. Michael Thomas DONOVAN, Petitioner On Review.

Supreme Court of Oregon.

Decided March 7, 1989.

Attorney(s) appearing for the Case

William C. Brown, Portland, argued the cause for petitioner on review. On the petition was Chris W. Dunfield of Petersen, Barker and Dunfield, Corvallis.

Timothy A. Sylwester, Asst. Atty. Gen., Salem, argued the cause for respondent on review. With him on the response brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Robert C. Homan, Eugene, filed an amicus curiae brief on behalf of American Civil Liberties Union Foundation of Oregon, Inc.

Before PETERSON, C.J., and LINDE, CARSON, JONES and GILLETTE, JJ.

LINDE, Justice.

Defendant challenges a condition of probation imposed after his conviction of custodial interference. Having allowed review after the Court of Appeals affirmed the condition without opinion, State v. Donovan, 92 Or.App. 96, 757 P.2d 877 (1988), we now strike the condition as unauthorized by law.

Defendant and his wife, Frances, known as Betsy, were divorced in July 1977 in a Lincoln County proceeding. Betsy was awarded custody of the...

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