State v. Dusenberry

Defendant was convicted of possession of a controlled substance, ORS 475.992, and was sentenced to a presumptive term of 18 months of probation. Defendant was later found in violation of probation, and his probation was revoked. He was then sentenced to six months of imprisonment and ordered, as a condition of parole, to complete a drug treatment program.

Defendant argues, and the state concedes, that the trial court lacks the authority to impose conditions of parole. ORS 144.270(2); State v. Potter, 108 Or App 480, 481, 816 P2d 661 (1991). The state, however, relies on State v. Dashel, 126 Or…