State v. Gale

In August 1977, defendant pleaded guilty to a felony. The trial judge suspended imposition of sentence under the authority granted by ORS 137.010 and placed defendant on probation for a period of five years. In January 1978, after defendant had been convicted of an unrelated crime and sentenced by a different trial judge, the judge who had granted probation in 1977 revoked it and sentenced the defendant to a term of imprisonment. The court did not have before it a presentence report prepared by the Corrections Division as required by ORS 144.790(1). 1 The statute is mandatory as to all…