State v. Keleman

“A probationer fails to ‘abide by the direction of the supervising officer’ within the meaning of that provision only when the officer’s direction relates to the requirement that the probationer ‘[r]eport as directed.’” State v. Harges, 294 Or App 445, 432 P3d 268 (2018).

Defendant appealed the trial court’s judgment revoking his probation. Both the State and Defendant agreed that the Court’s decision in State v. Harges, 294 Or App 445, 432 P3d 268 (2018) makes it clear that the trial court erred in revoking Defendant’s probation. Nevertheless, the State argued that the Court should affirm the trial court’s ruling because the defendant was not willing to be supervised. “A probationer fails to ‘abide by the direction of the supervising officer’ within the meaning of that provision only when the officer’s direction relates to the requirement that the probationer ‘[r]eport as directed.’” Hardges, 294 Or App at 452. The Court found that Defendant's failure to complete his work crew sanction did not constitute a violation of his conditions of probation, thus, the Court held that when a probation officer's directive is unrelated to the Defendant's reporting obligations, the Defendant's failure to abide by the directive if not a violation of the general condition of probation established by ORS 137.540(1)(m). Reversed and remanded.