State v. O'NEAL

This is a criminal appeal which raises an issue regarding the authority of a circuit court to initiate probation revocation proceedings after the period of probation has expired based upon a crime committed before expiration of the probationary period.

On May 25, 1970, defendant pleaded guilty to a charge of robbery by force and violence, not armed with a dangerous weapon, and was placed on probation for a period of five years.

In a May 1972 revocation proceeding the Multnomah County Circuit Court "tolled” defendant’s probation for a period during which he was in federal custody and for the 11…