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STATE v. HALL

Oregon Court of Appeals.
Nov 16, 1970

AFFIRMED.

PER CURIAM

Defendant appeals from an order revoking probation. The only question presented is whether a subsequent conviction is grounds for probation revocation even though an appeal from that subsequent conviction is pending. This issue has been decided in the affirmative by State v. Spicer, 3 Or. App. 80, 471 P.2d 865 (1970).

Furthermore, in this case the question is moot because the subsequent conviction which gave rise, at least in part, to the probation revocation was today affirmed by this court. See State v. Hall, 4 Or. App. 30, 476 P.2d 930 (1970).

Affirmed.