State v. Reimers

Defendant appeals an order revoking his probation and imposing a one-year sentence. He contends that the court lacked authority to impose the sentence. We reverse and remand.

Defendant pleaded guilty to theft in the second degree, ORS 164.045, and was placed on five years probation. The order of probation did not provide that either imposition or execution of sentence was suspended.1 At a subsequent hearing on an order to show cause why probation should not be revoked, defendant admitted that he had violated various conditions of probation. The court revoked his probation and sentenced him to…