STATE v. LEWIS

No. C-79-06-32038; CA 16748.

619 P.2d 684 (1980)

49 Or.App. 447

STATE of Oregon, Respondent, v. Duane C. LEWIS, Appellant.

Court of Appeals of Oregon.

Decided November 24, 1980.


Attorney(s) appearing for the Case

Jenny M. Cooke, Portland, argued the cause and filed the brief for appellant.

John C. Bradley, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James M. Brown, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., and William F. Gary, Deputy Sol. Gen., Salem.

Before GILLETTE, P.J., and ROBERTS and CAMPBELL, JJ.


CAMPBELL, Judge.

Defendant was tried by a jury and convicted of theft in the second degree (ORS 164.045) for stealing a guitar. The guitar belonged to Floyd Julian, a professional musician. One day after the guitar was stolen, defendant sold it to a pawn shop, H & B Loan Company, for $100. The trial court suspended the execution of a one year jail term and placed defendant on three years' probation. As conditions of probation, defendant was ordered to make restitution...

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