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STATE v. LOVIN

No. 82-2235-C; A30570.

684 P.2d 629 (1984)

69 Or.App. 256

STATE of Oregon, Respondent, v. James Edward LOVIN, Appellant.

Court of Appeals of Oregon.

Decided July 18, 1984.

Reconsideration Denied August 17, 1984.

Attorney(s) appearing for the Case

Helen I. Bloch, Salem, argued the cause for appellant. With her on the brief was Gary D. Babcock, Public Defender, Salem.

Stephen F. Peifer, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before GILLETTE, P.J., and VAN HOOMISSEN and YOUNG, JJ.

PER CURIAM.

Defendant's conviction of attempted murder is affirmed. At sentencing, the trial court ordered defendant to pay restitution, investigative and attorney fees without determining defendant's ability to pay. The state confesses error. See State v. Barnes, 58 Or.App. 516, 648 P.2d 1306 (1982).

Affirmed; remanded for...

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