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Oregon Appellate Court, July 10, 2019

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by: Rankin Johnson IV • July 11, 2019 • no comments


Summarized by Rankin Johnson, OCDLA

PROBATION - Basis to find violation

Defendant's rule violations in her clean and sober housing did not constitute a violation of her probation. Reversed and remanded.

State v. Cooper 298 Or App 445 (July 10, 2019) (Ortega) (Washington County, Bailey)

RESTITUTION - Restitution awards in multiple cases

Trial court erred by attaching restitution award in new case to judgment in old case with new probation-violation judgment. Reversed and remanded.

State v. Partain 298 Or App 449 (July 10, 2019) (Ortega) (Josephine County, Baker)

RIGHT TO COUNSEL - Court's obligation to consider defendant's complaints about counsel

Defendant's complaints about the trial process and the verdict did not require the judge to inquire into defendant's dissatisfaction with defense counsel. Affirmed.

State v. Olson 298 Or App 469 (July 10, 2019) (James) (Deschutes County, Miller)