STATE v. WASHBURN

No. J80-1549; CA 19532.

631 P.2d 827 (1981)

53 Or.App. 258

STATE of Oregon, Respondent, v. Jeffrey Shane WASHBURN, Appellant.

Court of Appeals of Oregon.

Decided July 27, 1981.


Attorney(s) appearing for the Case

Marilyn C. McManus, Deputy Public Defender, Salem, argued the cause for appellant. With her on the brief was Gary D. Babcock, Public Defender, Salem.

Patrick J. Stimac, Certified Law Student, Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen. and William F. Gary, Sol. Gen., Salem.

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


ROBERTS, Judge.

Defendant was convicted of criminal mischief in the first degree, ORS 164.365, a Class C felony, for stripping bark from 28 chittamwood (cascara buckthorn) trees. Defendant admits the attack on the trees; he claims the state failed to prove that damages exceeded $200. We agree and reverse and remand for resentencing.

The parties portray the issue on appeal as the proper manner for measuring the damage. ORS 164.365 provides that:

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