State v. Smith

Defendant appeals from a conviction for driving under the influence of intoxicants (DUII). ORS 138.040; ORS 138.053. We affirm the conviction without discussion but remand for resentencing.

Defendant assigns two errors regarding his sentence. First, he argues that the trial court exceeded its statutory-authority in both sentencing him and placing him on probation in the same sentencing order. The trial court imposed a jail sentence of 30 days with 27 days suspended and — as part of the same order — placed defendant on probation for 36 months with conditions. Neither imposition nor execution of…