STATE v. MILLER (2020)

Court of Appeals of Oregon.

STATE of Oregon, Plaintiff-Respondent, v. Jamison John MILLER, Defendant-Appellant.

A170797

Decided: November 18, 2020

Before Lagesen, Presiding Judge, and James, Judge, and Kamins, Judge.

Jason E. Thompson argued the cause for appellant. Also on the brief was Thompson Law, LLC. Dashiell L. Farewell, Assistant Attorney General, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum, Attorney General, and Benjamin Gutman, Solicitor General.

Defendant appeals a judgment revoking his probation. In his first assignment of error, he contends that the trial court abused its discretion in revoking his probation. We conclude otherwise and reject that assignment without further written discussion. In his second assignment of error, he contends that the court lacked the authority to deny him eligibility for “good time” reductions in his sentence under ORS 137.750(1). He acknowledges that we rejected the same argument in State v. Berger, 284 Or. App. 156, 392 P.3d 792 (2017), but argues that that decision is incorrect and should be overruled. We are not persuaded. Because Berger requires us to reject defendant's argument, we affirm.

Affirmed.

PER CURIAM

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