State v. Morgan

This case involves the effect of a written judgment that suspended imposition of sentence without placing defendant on probation. We have jurisdiction under ORS 138.040(1)(b)(A) and ORS 138.053(1)(d).

On August 29, 1986, defendant was found guilty of driving under the influence of intoxicants (DUII). ORS 813.010. On that date, the trial court suspended imposition of sentence for two and one-half years, subject to several conditions. The judgment did not place defendant on probation. One and one-half years passed without incident. It then came to the attention of the court that defendant had…