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STATE v. SMITH

91 CR 0423; CA A70392.

844 P.2d 276 (1992)

117 Or. App. 473

STATE of Oregon, Respondent, v. Robert L. SMITH, Appellant.

Court of Appeals of Oregon.

Decided December 30, 1992.

Attorney(s) appearing for the Case

Sally L. Avera, Public Defender, and Dan Maloney, Deputy Public Defender, Salem, argued the cause and filed the brief for appellant.

Ann M. Feusse, Certified Law Student, Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before BUTTLER, P.J., and ROSSMAN and DE MUNIZ, JJ.

ROSSMAN, Judge.

Defendant appeals from a conviction for driving under the influence of intoxicants (DUII). ORS 138.040; ORS 138.053. We affirm the conviction without discussion but remand for resentencing.

Defendant assigns two errors regarding his sentence. First, he argues that the trial court exceeded its statutory authority in both sentencing him and placing him on probation in the same sentencing order. The trial court imposed a jail sentence of 30 days...

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