STATE v. SMITH

No. 81-1899; CA A23916.

652 P.2d 882 (1982)

60 Or.App. 139

STATE of Oregon, Respondent, v. Bobby Joe SMITH, Appellant.

Court of Appeals of Oregon.

Decided October 27, 1982.


Attorney(s) appearing for the Case

Ronald K. Cox, Asst. Public Defender for Coos County, filed the brief for appellant.

Dave Frohnmayer, Atty. Gen., William F. Gary, Sol. Gen., and Thomas H. Denney, Asst. Atty. Gen., Salem, filed the brief for respondent.

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


YOUNG, Judge.

Defendant appeals his conviction for second degree burglary. We address only the third assignment of error.1

Defendant was ordered to pay $40 restitution to the store owner, whose door he damaged and from whom he stole three jugs of wine, and to pay costs of $270 for court-appointed attorney fees. Defendant's presentence report indicates that he is "deficient in employment skills, reading and writing ability, and...

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