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STATE v. HAMMOND

04CR0437; A131374.

180 P.3d 137 (2008)

218 Or. App. 574

STATE of Oregon, Plaintiff-Respondent, v. Edwin Lee HAMMOND, Defendant-Appellant.

Court of Appeals of Oregon, En Banc.

Resubmitted January 8, 2008.

Decided March 19, 2008.

Attorney(s) appearing for the Case

Jesse Wm. Barton, Salem, argued the cause and filed the brief for appellant.

Kaye E. McDonald, Senior Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before BREWER, Chief Judge, and EDMONDS, LANDAU, HASELTON, ARMSTRONG, WOLLHEIM, SCHUMAN, ORTEGA, and ROSENBLUM, Judges, and CARSON, Senior Judge.

Resubmitted En Banc January 8, 2008.

HASELTON, J.

Defendant appeals a judgment revoking his probation. He first assigns error to the trial court's reliance on the results of a polygraph examination to determine that he had violated a condition of probation. Defendant also contends that the trial court erred in ordering that he not be considered for alternative sanctions under ORS 137.752(1) without articulating, on the record in open court, the reasons for...

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