State v. Dick

Defendant appeals from an order revoking his probation. He argues that the court erred in revoking his probation without providing notice, hearing, or waiver of counsel. The state concedes the trial court’s error but asks us to dismiss the appeal as moot because defendant has already completed his sentence. See Thompson v. Prinslow, 138 Or App 183, 906 P2d 310 (1995); State v. Chase, 120 Or App 523, 851 P2d 637 (1993).

Defendant offers only the following in response to the state’s request:

“This case will not be rendered moot even if defendant is released from custody and his term of…