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STATE v. FOSTER

CR 000556; A112433

63 P.3d 1269 (2003)

186 Or. App. 466

STATE of Oregon, Respondent, v. Timothy George FOSTER, Appellant.

Court of Appeals of Oregon.

Decided February 19, 2003.

Attorney(s) appearing for the Case

Jamesa Drake argued the cause for appellant. On the brief were Beth Corbo, Deputy Public Defender, and David E. Groom, Acting Executive Director.

Jonathan H. Fussner, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before EDMONDS, Presiding Judge, DEITS, Chief Judge, and KISTLER, Judge.

KISTLER, J.

Defendant was convicted of driving while suspended. On appeal, he argues that the trial court erred in imposing 360 days in jail, with 280 days suspended, as a condition of probation. He reasons that the court could impose only six months in jail as a condition of probation. We remand for resentencing.

Defendant was convicted of driving with a suspended license and sentenced to 36 months' probation. One of the conditions of probation was that he...

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