DocketNumber: C-46075
Citation Numbers: 476 P.2d 930, 4 Or. App. 28, 1970 Ore. App. LEXIS 391
Judges: Schwab, Langtry, Foley
Filed Date: 11/16/1970
Status: Precedential
Modified Date: 11/13/2024
Court of Appeals of Oregon, Department 1.
Oscar D. Howlett, Portland, argued the cause and filed the brief for appellant.
Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and Jacob B. Tanzer, Solicitor Gen., Salem.
Before SCHWAB, C.J., and LANGTRY and FOLEY, JJ.
PER CURIAM.
Defendant appeals from an order revoking probation. The only question presented is whether a subsequent conviction is grounds for probation revocation even though an appeal from that subsequent conviction is pending. This issue has been decided in the affirmative by State v. Spicer, Or. App., 90 Adv.Sh. 1817, 471 P.2d 865 (1970).
Furthermore, in this case the question is moot because the subsequent conviction which gave rise, at least in part, to the probation revocation was today affirmed by this court. See State v. Hall, Or. App., 476 P.2d 930 (1970).
Affirmed.