State v. Bateman

I agree with the majority, as does Judge Warden in his dissent, that defendant may appeal from the documents by which the trial court revoked his probation and either sentenced him to prison or required him to begin serving the sentence that it had previously imposed. The majority is also correct that ORS 138.050 limits the scope of our review on direct appeal so that, if the statute alone is considered, we may not consider the validity of the probation revocation. I agree, however, with Judge Warden’s dissent that, if the majority is right (as I believe it is) as a matter of statutory…