State v. Oary

The state seeks review of State v. Oary, 109 Or App 580, 820 P2d 857 (1991), which addressed the availability of jail time as a condition of probation in DUII cases. We allow reconsideration, ORAP 9.15, modify our opinion and adhere to it as modified.

Defendant was convicted of DUII in October, 1990. The court sentenced him to 90 days in jail with 82 days suspended. It also suspended imposition of sentence, placed him on three years’ probation and, as a condition of probation, sentenced him to 90 days in jail, with 82 days suspended. The state concedes that, because the court could not both…