State v. Donahue
259 P.3d 981
Or. Ct. App.2011Background
- Donahue pleaded no contest to prostitution, a Class A misdemeanor, and was sentenced to 18 months of probation.
- Trial court imposed a special probation condition prohibiting Donahue from entering certain portions of 82nd Avenue and Sandy Boulevard described as a 'high vice' area, unless traveling through the area by car or public transit.
- The crime occurred in the designated 'high vice' area, and the map delineates the prohibited zones.
- Donahue appealed the probation condition as overbroad and infringing freedom of association; the appeal was initially dismissed as moot due to probation timing but later revived when probation was extended.
- The court held Donahue’s appeal on the merits was reviewable under ORS 138.053(3) and affirmed the probation condition as reasonably related to the offense and public safety, and not unconstitutionally overbroad.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the high vice-area probation condition is reasonably related to the offense | State argues related to offense and public safety | Donahue argues overbreadth beyond necessary to probation goals | Condition reasonably related |
| Whether the condition infringes freedom of association | State contends permissible given probation goals | Donahue contends it restricts legitimate activity | Not impermissibly overbroad; travel within area allowed; narrowly tailored |
| Whether the appeal is reviewable under ORS 138.053(3) despite no-contest plea | State: appeal limited to maximum or cruel/unusual punishment | Donahue: ORS 138.053(3) allows review of probation-condition issue | Review allowed under ORS 138.053(3) |
Key Cases Cited
- State v. Phillips, 206 Or.App. 90 (2006) (plain-error and statutory interpretation framework for probation issues)
- State v. Brown, 310 Or. 347 (1990) (factors to establish plain error)
- Ailes v. Portland Meadows, Inc., 312 Or. 376 (1991) (plain-error/preserved error and review considerations)
- State v. Hitesman/Page, 113 Or.App. 356 (1992) (probation conditions and related discretion)
- State v. Sprague, 52 Or.App. 1063 (1981) (right-scope of probation conditions and association)
- State v. Reimers, 102 Or.App. 192 (1990) (treatment of ORS 138.053(3) review)
- State v. Kline, 155 Or.App. 96 (1998) (less-restrictive-means analysis for probation conditions)