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105 Or. App. 404

State v. Smith

Court of Appeals of Oregon

Decided January 23, 1991

Court of Appeals of Oregon · decided 1991-01-23

Applies OR 164 § 164.055

Decided 1991-01-23

PER CURIAM

¶1Defendant was convicted of theft in the first degree for receiving stolen property. ORS 164.055. As part of her sentence, restitution was ordered. The restitution included $200 that the state concedes should not have been imposed, because it was for damage to the building from which the stolen goods were taken before defendant became involved. We accept the concession.

¶2We affirm defendant’s conviction and remand for resentencing, with instructions to reduce restitution by $200.

¶3Conviction affirmed; remanded for resentencing not inconsistent with this opinion.

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