State v. Oary

Defendant challenges the sentence of imprisonment that he received after his conviction for DUII, a class A misdemeanor. ORS 813.010. We remand for resentencing.

The trial court sentenced defendant to 90 days in jail, with 82 days suspended. However, the court also suspended imposition of sentence, placed defendant on three years’ probation and, as a condition of probation, sentenced him to 90 days in jail, with 82 days suspended. The state concedes that the sentence is ambiguous, because a court cannot simultaneously impose a sentence and suspend imposition of sentence. State v. Vasby, 101 Or…