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STATE v. CAMPBELL

91-61560; CA A78644.

876 P.2d 799 (1994)

128 Or. App. 592

STATE of Oregon, Respondent, v. James Joseph CAMPBELL, Appellant.

Court of Appeals of Oregon.

Decided June 22, 1994.

Attorney(s) appearing for the Case

Hari Nam S. Khalsa, Deputy Public Defender, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender.

Jonathan Fussner, Asst. Atty. Gen., argued the cause for respondent. With him on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Before DEITS, P.J., and RIGGS and HASELTON, JJ.

HASELTON, Judge.

Defendant, who was convicted for driving under the influence of intoxicants (DUII), asserts that the sentencing court exceeded its authority in imposing a condition of probation that requires defendant to submit, under certain circumstances, to breath, blood, or field sobriety tests upon the request of any peace officer. We remand for entry of a modified judgment.1

The disputed probation condition provides:

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