State v. Gilkey

The issue is whether a trial court may impose, as a condition of probation, a requirement that defendant receive permission from the court or a probation officer before he contacts his wife.

In 1989, defendant pled guilty to possession of a controlled substance (methamphetamine). ORS 475.992(4)(a). He was placed on two years’ probation. In the probation revocation proceeding from which he appeals, defendant admitted that he had violated the conditions of his probation by committing the crime of assaulting his wife; in return, the state dismissed charges of assault and harassment, also…