State v. Harding

On June 25,1991, defendant pled guilty to a charge of public indecency, ORS 163.465(l)(c), that he committed on May 2, 1991. On July 24, 1991, the court suspended imposition of sentence and placed defendant on probation for five years. As a condition of probation, the court ordered him to serve 10 days in the Jackson County jail. He contends that imposing jail time as a condition of probation violates the proscriptions against expost facto laws, 1 because the court did not have authority to impose jail time as a condition of probation for a misdemeanor when he committed the crime. We agree.

Pub…