State v. Rivera-Waddle

Summarized by:

  • Court: Oregon Supreme Court
  • Area(s) of Law: Criminal Procedure
  • Date Filed: 06-29-2016
  • Case #: A156817
  • Judge(s)/Court Below: Devore, J. for the Court; Duncan, P.J.; & Flynn, J.
  • Full Text Opinion

Conditions of a defendant's probation must be explicitly imposed by the sentencing court.

Defendant appealed a judgment revoking her probation. The sentence at Defendant's probation hearing was to "abide by the direction of the supervising [probation] officer." Defendant consumed alcohol and at the trial court for revocation, the court held that Defendant had violated her probation. The Court of Appeals held that consuming alcohol was not a fixed condition of the probation at the sentencing hearing and therefore probation was not violated. Reversed and remanded.

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