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Soldier asks OR high court to resolve conflict

Published On: Sep 14 2012 12:51:47 PM CDT
PORTLAND, Ore. -

A 22-year-old Army Reserve corporal has asked the Oregon Supreme Court to resolve a conflict between his Army orders to deploy to Afghanistan and his local probation requirements.

The Oregonian reports that if Derrick James McDonald doesn't join his Army unit by next week, he could be prosecuted and dishonorably discharged.

However, if the Hillsboro, Ore., man does go, he'll violate terms of his Washington County probation and could face arrest when he returns home.

He was sentenced to five years' probation and sex offender treatment after pleading guilty to two misdemeanor sex offenses. A Circuit Court judge ruled recently that because he has not completed treatment, she couldn't suspend his probation so he could fulfill his military orders.

Defense lawyer Laura Graser has asked the high court to review the lower court decision.

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