STATE v. BOSWELL

No. 80-5-371; CA 18941.

628 P.2d 763 (1981)

52 Or.App. 535

STATE of Oregon, Respondent, v. Duane BOSWELL, Appellant.

Court of Appeals of Oregon.

Decided May 26, 1981.

Reconsideration Denied July 1, 1981.


Attorney(s) appearing for the Case

Howard R. Lonergan, Portland, argued the cause for appellant. With him on the brief were Clint A. Lonergan and Richard L. Lonergan, Portland.

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

Before RICHARDSON, P.J., and THORNTON and VAN HOOMISSEN, JJ.


VAN HOOMISSEN, Judge.

Defendant appeals a judgment and sentencing order finding him guilty of one count of Theft in the First Degree and imposing a sentence based on his plea of guilty. He contends the court did not have authority to order restitution to victims of two charges which were dismissed as part of a plea bargain. He also contends the amount of restitution ordered was excessive.

Defendant was charged in a single indictment with three counts of Theft...

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