State v. Martin
Court of Appeals of Oregon
1Opinion of the Court
*80WOLLHEIM, J.
Defendant appeals a judgment revoking his probation, arguing that the trial court erred in revoking his probation based only on its finding that he was not benefitting from probation. Defendant acknowledges that he did not preserve the asserted error in the trial court but contends that we should review it as error apparent on the face of the record. ORAP 5.45(1). As we explain, the asserted error is not reviewable because the legal point is not obvious; rather, it is reasonably in dispute. Accordingly, we affirm.
The relevant facts are undisputed. Defendant pleaded guilty to two…
2Cases cited5 opinions
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Ailes v. Portland Meadows, Inc.Oregon Supreme Court · 1991
- State v. BrownOregon Supreme Court · 1990
- Barker v. IrelandOregon Supreme Court · 1964
- State v. BuehlerCourt of Appeals of Oregon · 2006
3Cited by6 opinions
- State v. KelemenCourt of Appeals of Oregon · 2019
- State v. HarringtonCourt of Appeals of Oregon · 2009
- State v. HOLLINGQUESTCourt of Appeals of Oregon · 2011
- State v. AdameCourt of Appeals of Oregon · 2014
- State v. MaganaCourt of Appeals of Oregon · 2013
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