Court of Appeals of Oregon, 1991

State v. Melson

State v. Melson
Court of Appeals of Oregon · Decided August 28, 1991 · Deits, Richardson, Warren
108 Or. App. 572; 816 P.2d 695; 1991 Ore. App. LEXIS 1259

State v. Melson

Opinion of the Court

PER CURIAM

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.

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