Appeal from Circuit Court, Jackson County. Loren L. Sawyer, Judge.
Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for appellant.
John W. Burgess, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Attorney General, and John W. Osburn, Solicitor General, Salem.
Fort, Judge. Schwab, Chief Judge, and Thornton, Judge.
Defendant was convicted by a jury of the crime of obtaining money by false pretenses (former ORS 165.205). On March 9, 1972, he was placed on probation under the supervision and control of the Oregon Corrections Division for three years.*fn1 No appeal
was taken therefrom. On September 14, 1972, a motion to revoke probation was filed alleging "said defendant has been charged with the commission of a felony in California."
On November 30, 1972, the court, following a hearing, the transcript of which is not before us, entered its order:
"* * * that probation granted to said defendant on March 9, 1972, be continued under the same terms and conditions, and upon the further condition that defendant stay at work camp for a period of six months."
On January 5, 1973, pursuant to ORS 421.468, the court requested the approval of the Administrator of the Corrections Division for the transfer of the defendant to a forest work camp established under ORS 421.455. Defendant was subsequently transported there.
During his stay there he sustained an injury while working, for which he received medical attention. He was removed temporarily for a brief period from regular work pursuant to the physician's recommendation. A few days later, however, he was ordered by the forest camp director to return to regular work, pursuant to ORS 421.468 (2).*fn2 In the belief this was contrary to the doctor's instruction, defendant did not
do so. He was then given the choice by the forest camp officials of doing so or of being returned to the county jail pursuant to ORS 421.480. Accordingly, when he did not go to his assigned job, he was returned to ...