State v. Urie

DE MUNIZ, S. J.

In this criminal case, defendant was convicted of driving under the influence of intoxicants (DUII) for a third time within a 10-year period, making defendant’s conviction a class C felony. ORS 813.011(1). Following defendant’s guilty plea, the court placed defendant on three months’ probation, and imposed a 90-day jail sentence, but then suspended execution of that sentence. The state filed a timely appeal, arguing that the trial court was not authorized to suspend execution of the mandatory minimum 90-day jail sentence prescribed by ORS SIS.OIRS).1 See ORS 138.060(l)(e) (the…