State v. Altman

Defendant appeals from an order revoking his probation and ordering execution of the sentence that was imposed when he pleaded guilty and was placed on probation. The state argues persuasively that there is no statutory authority for an appeal from an order revoking probation; however, in State v. Bateman, 95 Or App 456, 765 P2d 249 (1989), we concluded that, under ORS 138.050, if a previously ordered probation is revoked, the resulting order imposing the sentence may be appealed as a sentence.1

That conclusion does not resolve this case completely, because, in Bateman, the original judgment…