State v. Melson
State v. Melson
108 Or. App. 572; 816 P.2d 695; 1991 Ore. App. LEXIS 1259
State v. Melson
Opinion of the Court
Defendant was convicted of assault in the first degree. ORS 163.185. The court suspended imposition of sentence, placed him on probation for five years and imposed a $10,000 fine, which was not a condition of probation. The state concedes that the sentence is internally inconsistent and that the court lacked authority to suspend imposition of sentence and also to impose a sentence to pay a fine. See State v. Vasby, 101 Or App 1, 788 P2d 1024 (1990).
Conviction affirmed; sentence vacated; remanded for resentencing.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.