State v. Emmich

Defendant was convicted on stipulated facts of a violation of former ORS 92.325(1)1 of the Oregon Subdivision Control Law. He first appealed on the claimed grounds that he was not subject to a felony sentence as purportedly authorized by ORS 92.990(2)2 and that the court erred as a matter of law in finding that his land was one parcel rather than two. State v. Emmich, 34 Or App 945, 580 P2d 570 (1978). We rejected the latter contention, but specifically declined to rule on the former because the sentence of five years "bench” probation was void. We remanded for resentencing in accordance with…