State v. Nearing

GILLETTE, P. J., Pro Tempore

Defendant, one of those whose conviction for disorderly conduct was affirmed in State v. Heath, 75 Or App 425, 706 P2d 598 (1985), appeals from a trial court order finding her to be in violation of a special condition of the probation imposed in that case. The trial court extended her probation and added conditions to it. We reverse.

The special condition defendant was found to have violated in the present case is one forbidding her to enter the Pyramid Creek area — the area in which her environmental activist activities led to her conviction. In State v. Heath,…