STATE v. DEMALIGNON

93-1832-C-1; CA A81046.

884 P.2d 588 (1994)

131 Or. App. 259

STATE of Oregon, Respondent, v. James Douglas DEMALIGNON, Jr., Appellant.

Court of Appeals of Oregon.

Decided November 2, 1994.


Attorney(s) appearing for the Case

Sally L. Avera, Public Defender, argued the cause for appellant. With her on the brief was David K. Allen, Deputy Public Defender.

Kaye E. Sunderland, Asst. Atty. Gen., argued the cause for respondent. With her on the brief were Theodore R. Kulongoski, Atty. Gen., Virginia L. Linder, Sol. Gen., and Erin Galli, Certified Law Student.

Before WARREN, P.J., and EDMONDS and LANDAU, JJ.


PER CURIAM.

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 and 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). Therefore, we remand...

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