STATE v. GETSINGER


556 P.2d 147 (1976)

27 Or.App. 339

STATE of Oregon, Respondent, v. Bryan Eugene GETSINGER, Appellant.

Court of Appeals of Oregon.

Decided November 15, 1976.


Attorney(s) appearing for the Case

Howard Clyman, Portland, argued the cause for appellant. With him on the brief were Gregory, Clyman & Nichols, Portland.

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., W. Michael Gillette, Sol. Gen., and Glenda R. Green, Certified Law Student, Salem.

Before SCHWAB, C.J., and FORT and LEE, JJ.


LEE, Judge.

Defendant was convicted of attempted unauthorized use of a motor vehicle (ORS 161.405(1) and ORS 164.135). He appeals a trial court order which imposed a further condition of probation that he make restitution of $307.76 to the insurer of the car for claims it paid to the owner arising out of the unauthorized use.

Defendant contends that the trial court exceeded its power under ORS 137.540 (10) which provides that:

"The court shall determine...

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