State v. Ramirez

Pursuant to ORS 137.540, a defendant violates probation by violating a general or special condition of probation lawfully imposed by the court. 

Defendant appealed from a judgment finding him in violation of his probation, which extended the period of probation and imposed a probation-violation fee and court-appointed attorney fees. Defendant assigned error to the lower court’s finding that he violated his probation by failing to appear in court on a specific date. On appeal, Defendant argued the trial court erred in its finding because the court appearance was not a general or specific condition of his probation. In response, the State argued the trial court did not err because the requirement to appear was ordered by the sentencing court and it was directly related to Defendant’s probation conditions. Pursuant to ORS 137.540, a defendant violates probation by violating a general or special condition of probation lawfully imposed by the court. The Court held that the trial court erred in holding Defendant violated his probation by failing to appear in court on a specific date because that requirement was not a general or special condition of probation imposed on Defendant by the court.

Reversed and remanded.