State v. Shefler

847 P.2d 417 | Or. Ct. App. | 1993

PER CURIAM

Defendant was convicted of two counts of delivery of a controlled substance, ORS 475.992(l)(a), and two counts of possession of a controlled substance. ORS 475.992(4)(a). He appeals, making three assignments of error. We address only the third assignment.

Defendant contends that, the trial court erred by delegating its sentencing authority to a probation officer. In addition to 60 days in jail time imposed on each conviction for delivery of a controlled substance, the court ordered, as a special condition of probation, that “defendant shall receive an additional 60 custody units to be utilized at the discretion of his probation officer”¹ (Emphasis supplied.) Defendant argues that nothing in the sentencing guidelines authorizes the court to make such a delegation. The state agrees. We accept the state’s concession. OAR 235-05-012(3)(b); cf. State v. Stephens, 47 Or App 305, 312, 614 P2d 1180 (1980).

The condition of probation that 60 custody units are to be utilized at the discretion of a probation officer vacated and remanded for resentencing; otherwise affirmed.

1 The additional 60 custody units are those remaining after 60 custody units are deducted, for the jail time ordered, from the 120 custody units authorized by OAR 253-05-011(2)(b).