Opinion
Nos. C79-09-33039, C79-09-33098, C79-08-32938, CA 17762
Argued July 27, 1981.
December 21, 1981. Petition for review denied February 24, 1982.
Appeal from Circuit Court, Multnomah County, John C. Beatty, Jr., Judge.
Richard S. Mannis, Portland, argued the cause and filed the briefs for appellant.
Stephen F. Peifer, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Attorney General, and William F. Gary, Solicitor General, Salem.
Before Richardson, Presiding Judge, and Thornton and Van Hoomissen, Judges.
Defendant contends the trial court erred in fixing the amount of restitution. We find no error. State v. Boswell, 52 Or. App. 535, 628 P.2d 763, rev den 291 Or. 419 (1981).
Defendant's second and third assignments of error were not asserted nor excepted to at trial. Therefore, we decline to consider those assignments. State v. Coria, 39 Or. App. 507, 592 P.2d 1057, rev den 286 Or. 449 (1979); State v. Newberry, 39 Or. App. 119, 591 P.2d 404, rev den 286 Or. 449 (1979); State v. Gaines, 27 Or. App. 69, 555 P.2d 469 (1976), rev den 277 Or. 1, cert denied, 431 U.S. 916, 97 S Ct 2179, 53 L Ed 2d 227 (1977).
Affirmed.