State v. Frye

On November 7, 1967, defendant was found guilty by a jury of advocating the commission of a felony. He was placed on five years’ probation on April 2, 1968. He did not appeal this judgment. On November 27,1968, an order to show cause why probation should not be revoked was issued, and a hearing, which concluded on January 7, 1969, was held thereon. As a result of the hearing, the court, on January 15, 1969, revoked defendant’s probation and sentenced him to three years’ imprisonment. Defendant appeals from the January 15, 1969, judgment.

Defendant now claims that the statute, ORS 161.-330,…