Opinion
91-1050; CA A73712
Submitted on record and briefs January 22, 1993
Conviction affirmed; remanded for resentencing February 10, 1993
Appeal from Circuit Court, Columbia County.
James A. Mason, Judge.
Sally L. Avera, Public Defender, and Stephen J. Williams, Deputy Public Defender, Salem, filed the brief for appellant.
Theodore R. Kulongoski, Attorney General, Virginia L. Linder, Solicitor General, and Robert M. Atkinson, Assistant Attorney General, Salem, filed the brief for respondent.
Before Richardson, Chief Judge, and Warren and Edmonds, Judges.
PER CURIAM
Conviction affirmed; remanded for resentencing.
Defendant appeals his conviction for criminally negligent homicide. ORS 163.145. He challenges only the part of the sentence requiring him to pay restitution to Kathleen Kirk, the victim's mother. The state concedes that the court so erred.
Conviction affirmed; remanded for resentencing.