Legal Opinion

State v. Bowden

Court of Appeals of Oregon

Decided July 18, 2018No. A163694PublishedCited by 20 opinions

1Opinion of the CourtOrtega, P. J.

*816In this case, defendant was convicted of driving under the influence of intoxicants, ORS 813.010 -specifically, marijuana-and driving while suspended, ORS 811.182. On appeal, defendant argues that the sentencing court erred by imposing five conditions of probation that he asserts run counter to ORS 137.542(2). The state concedes that the conditions as currently imposed are invalid, but urges that they might be valid with additional findings that could potentially be made on remand. We reject the state's argument and conclude that the sentencing court does not have discretion to impose the…

2Cases cited2 opinions

  1. State v. GainesOregon Supreme Court · 2009
  2. State v. SchwabCourt of Appeals of Oregon · 1989

3Cited by20 opinions

  1. State v. AnottaCourt of Appeals of Oregon · 2020
  2. State v. KeenCourt of Appeals of Oregon · 2020
  3. State v. JohnsonCourt of Appeals of Oregon · 2023
  4. State v. KilgoreCourt of Appeals of Oregon · 2019
  5. State v. LynnOhio Court of Appeals · 2023

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