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State v. Demalignon

Oregon Court of Appeals
Nov 2, 1994
884 P.2d 588 (Or. Ct. App. 1994)

Opinion

93-1832-C-1; CA A81046

Argued and submitted September 29, 1994

Convictions affirmed; remanded for resentencing November 2, 1994

Appeal from Circuit Court, Jackson County.

Loren L. Sawyer, Judge.

Sally L. Avera, Public Defender, and David K. Allen, Deputy Public Defender, filed the brief for appellant.

Theodore R. Kulongoski, Attorney General, Virginia L. Linder, Solicitor General, Kaye E. Sunderland, Assistant Attorney General, and Erin Galli, Certified Law Student, filed the brief for respondent.

Before Warren, Presiding Judge, and Edmonds and Landau, Judges.


PER CURIAM

Convictions affirmed; remanded for resentencing.


Defendant appeals the sentence imposed on his conviction for criminal mischief in the first degree. ORS 164.365. At trial, he objected to the imposition of restitution because the trial court failed to consider defendant's ability to pay. He assigns error to the sentence of restitution. The state concedes that the trial court erred in imposing restitution, because it failed to consider defendant's ability to pay. ORS 137.106(2)(b). We accept the concession and remand for resentencing.

Convictions affirmed; remanded for resentencing.


Summaries of

State v. Demalignon

Oregon Court of Appeals
Nov 2, 1994
884 P.2d 588 (Or. Ct. App. 1994)
Case details for

State v. Demalignon

Case Details

Full title:STATE OF OREGON, Respondent, v. JAMES DOUGLAS DEMALIGNON, JR., Appellant

Court:Oregon Court of Appeals

Date published: Nov 2, 1994

Citations

884 P.2d 588 (Or. Ct. App. 1994)
884 P.2d 588