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STATE v. FOLTZ

513 P.2d 1208 (1973)

STATE of Oregon, Respondent, v. Melvin Wayne FOLTZ, Appellant.

Court of Appeals of Oregon.

Decided September 10, 1973.

Attorney(s) appearing for the Case

Larry R. Roloff, Eugene, argued the cause and filed the brief for appellant.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and John W. Osburn, Sol. Gen., Salem.

Before LANGTRY, P.J., and FOLEY and THORNTON, JJ.

THORNTON, Judge.

Defendant was convicted on a plea of guilty in the district court to a charge of attempted theft in the second degree ($120). The district judge sentenced him to be placed on probation for four and one-half years upon several conditions, including:

"3. To make restitution for money received from the welfare department in the amount of $2600.00; payments to be in the amount specified by his Probation Officer and to be completed within 3 1...

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