From Casetext: Smarter Legal Research

State v. Lovin

Oregon Court of Appeals
Sep 5, 1984
684 P.2d 629 (Or. Ct. App. 1984)

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.


Summaries of

State v. Lovin

Oregon Court of Appeals
Sep 5, 1984
684 P.2d 629 (Or. Ct. App. 1984)
Case details for

State v. Lovin

Case Details

Full title:STATE OF OREGON, Respondent, v. JAMES EDWARD LOVIN, Appellant

Court:Oregon Court of Appeals

Date published: Sep 5, 1984

Citations

684 P.2d 629 (Or. Ct. App. 1984)
684 P.2d 629

Citing Cases

Emery v. State of Oregon

State v. Longoria, Ricky Lee (A29976)(S30964)( 69 Or. App. 208) State v. Lovin, James Edward…