State v. Wold

Defendant entered a plea of guilty of assault in the fourth degree, a misdemeanor. ORS 163.160(1)(a). He was charged by information with having committed the assault on January 7, 1990. He seeks modification of the two-day jail sentence that he received as a condition of probation. We remand for resentencing.

Defendant argues that the trial court exceeded its statutory authority in imposing the condition of probation because, after the 1989 amendments to ORS 137.540(2), the only offenses committed on or after November 1, 1989, for which jail may be imposed are felonies. Or Laws 1989, ch 790, §…