Opinion · Orlaw Oregon
STATE v. JONES, 35 Or. App. 283 (1978)
581 P.2d 110
- Type
- Opinion
- Court
- Orlaw Oregon
- Jurisdiction
- Orlaw
- Date
- 1979-02-13
- Topic
- general
STATE v. JONES, 35 Or. App. 283 (1978) 581 P.2d 110 STATE OF OREGON, Respondent, v. ROYAL JONES, Appellant. No.
Citator
UpLaw has not yet analyzed STATE v. JONES, 35 Or. App. 283 (1978). The absence of a flag is not a finding that it is good law.
STATE v. JONES,35 Or. App. 283(1978)
581 P.2d 110
STATE OF OREGON,Respondent,v. ROYAL JONES,Appellant.
No. C 74-06-1643 Cr, CA 10175
Oregon Court of Appeals.
Argued June 20, 1978.
Reversed and remanded for resentencing July 18, reconsideration denied
August 30, 1978, petition for review denied February 13, 1979.
Thomas H. Denney, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were James A. Redden, Attorney General, and Al J. Laue, Solicitor General, Salem.
Before Schwab, Chief Judge, and Johnson, Gillette and Roberts, Judges.
SCHWAB, C. J.Page 284
[EDITORS' NOTE: THIS PAGE IS BLANK.]Page 285
On appeal, defendant argues that the trial court erred in failing to obtain and consider a presentence report as required by ORS144.790(1). The state contends that no such report was necessary (1) because the defendant's probation officer was able to provide the court with any information that would have appeared in such a report; and (2) because ORS144.790(1) does not require a presentence report to be prepared at the time of imposition of sentence following revocation of probation. We answered both of these contentions to the contrary inState v.Gale,35 Or. App. 3,580 P.2d 1036(1978).
Reversed and remanded for resentencing.Page 286
[EDITORS' NOTE: THIS PAGE IS BLANK.]Page 287