State v. Popp

Defendant appeals from an order that commenced his term of probation after an unsuccessful appeal. ORS 138.040; ORS 138.053(l)(c). We reverse.

In 1988, defendant was convicted of robbery in the first degree, ORS 164.415, and conspiracy to commit robbery in the first degree. ORS 161.450. In January, 1989, the trial court merged the convictions, imposed a 20 year sentence, suspended the execution of the sentence, and placed defendant on probation for a period of five years. Defendant moved for an order “staying the execution of sentence pending appeal,” which the court granted. As a result,…