Opinion
82-2235-C; CA A30570
Argued and submitted June 22, 1984
Affirmed, remanded for resentencing July 18, 1984 Reconsideration denied August 17, 1984 Petition for review denied September 5, 1984
Appeal from Circuit Court, Josephine County.
Gerald Neufeld, Judge.
Helen I. Bloch, Salem, argued the cause for appellant. With her on the brief was Gary D. Babcock, Public Defender, Salem.
Stephen F. Peifer, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Attorney General, and James E. Mountain, Jr., Solicitor General, Salem.
Before Gillette, Presiding Judge, and Van Hoomissen and Young, Judges.
PER CURIAM
Affirmed; remanded for resentencing.
Defendant's conviction of attempted murder is affirmed. At sentencing, the trial court ordered defendant to pay restitution, investigative and attorney fees without determining defendant's ability to pay. The state confesses error. See State v. Barnes, 58 Or. App. 516, 648 P.2d 1306 (1982).
Affirmed; remanded for resentencing.