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STATE v. USHER

552 P.2d 1345 (1976)

STATE of Oregon, Respondent, v. Lawrence T. USHER, Appellant.

Court of Appeals of Oregon.

Decided August 16, 1976.

Attorney(s) appearing for the Case

Glenn H. Prohaska, Portland, argued the cause for appellant. With him on the brief were Day & Prohaska, P.C., Portland.

W. Michael Gillette, Sol. Gen., Salem, argued the cause for respondent. With him on the brief was Lee Johnson, Atty. Gen., Salem.

Before SCHWAB, C.J., and LANGTRY and THORNTON, JJ.

SCHWAB, Chief Judge.

Defendant was convicted of attempted sodomy in the first degree, ORS 161.405(1),1 ORS 163.405,2 and was placed on probation. One of the conditions of the probation order was that defendant pay $3,000 as "restitution" to the victim. This represents a sum greater than any expenses involved.

On appeal defendant makes two assignments of error. The first — that there was no evidence...

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