State v. Gray

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Criminal Procedure
  • Date Filed: 08-17-2016
  • Case #: A156365
  • Judge(s)/Court Below: Egan, J. for the Court; Armstrong, P.J.; & DeHoog, J.
  • Full Text Opinion

Under ORS 137.540, probation may be revoked if an individual fails to abide by all general and special conditions of probation and the court is not required to prove that it was a willful failure.

Defendant appealed the trial court’s decision to revoke his probation. Defendant did not contest that he violated the probation conditions, but argued that the trial court erred when it failed to determine that he violated the probation conditions willfully, as established in State v. Altman. 97 Or App 462 (1989). The State responded that the trial court was only required to conclude that Defendant failed to abide by all general and special conditions imposed by the court, which is established in ORS 137.540(6). The Court held that nothing in the text of ORS 137.540(6) indicates that a person must willfully violate their probation before revocation. As such, the Court concluded that the trial court did not err when it revoked Defendant’s probation. Affirmed.

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