State v. Larson

Defendant was convicted in the district court of driving a motor vehicle upon a highway while having more than .15 percent by weight of alcohol in the blood. ORS 483.999. She appealed to the circuit court and after a trial de novo was convicted by a jury of the same offense. She was sentenced to serve six days in jail and to pay a fine of $155. She appeals from the sentence; specifically, from the imposition of the jail term.

Defendant claims that the trial judge improperly exercised his discretion in imposing sentence because he erroneously interpreted ORS 483.999 as making mandatory the…