State v. Preston-Mittasch

507 Submitted October 27, 2021, affirmed May 11, petition for review denied September 1, 2022 ( 370 Or 212) STATE OF OREGON, Plaintiff-Respondent, v. TRENT THEOPHULIS PRESTON-MITTASCH IV, Defendant-Appellant. Lane County Circuit Court 17CR53735; A173418

510 P3d 931

Defendant appeals from a judgment revoking his probation on a conviction for menacing, ORS 163.190, a Class A misdemeanor. On appeal, he argues that the trial court exceeded its authority under ORS 137.545(5)(a) when it sentenced him to a 30-day jail term after revoking his probation, because it previously had imposed a jail term as…