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101 Or. App. 233

State v. Din

Court of Appeals of Oregon

Decided April 4, 1990

Court of Appeals of Oregon · decided 1990-04-04

Applies OR 161 § 161.705

Decided 1990-04-04

PER CURIAM

¶1Defendant appeals his conviction for theft in the first degree. The court imposed a $50 victim’s assistance fee as part of the sentence. Because the conviction was treated as a misdemeanor for sentencing, pursuant to ORS 161.705, only a $20 victim’s assistance fee is authorized. ORS 147.259(1). The state concedes, and we agree, that the court erred in imposing the $50 assessment.

¶2Defendant’s other assignments do not warrant discussion.

¶3Sentence to pay victim’s assistance fee vacated; remanded for resentencing; otherwise affirmed.

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