State v. Maag

Defendant appeals from an order revoking his probation. The question presented is whether defendant’s probation may be revoked for conduct which did not violate a condition of probation fixed by the sentencing judge at the time of sentencing, but was fixed by defendant’s probation officer subsequent to sentencing. We hold that it may not, and reverse.

While the sentencing judge has substantial leeway in determining conditions of probation, the conditions must be fixed by the court.1 ORS 137.540(1). State v. Hovater, 37 Or App 557, 588 P2d 56 (1978); State v. Age, 38 Or App 501, 590 P2d 759…