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STATE v. GARDNER

No. 10-81-03138; CA A25712.

679 P.2d 306 (1984)

67 Or.App. 404

STATE of Oregon, Respondent, v. Frederick Brian GARDNER, Aka Brian Gardner, Aka Fred Gardner, Appellant.

Court of Appeals of Oregon.

Decided March 21, 1984.

Reconsideration Denied May 11, 1984.

Attorney(s) appearing for the Case

Carla D. Thompson, Salem, argued the cause for appellant. With her on the brief was Gary D. Babcock, Public Defender, Salem.

Robert E. Barton, 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 RICHARDSON, P.J., and VAN HOOMISSEN and NEWMAN, JJ.

RICHARDSON, Presiding Judge.

Defendant appeals his conviction for arson in the first degree. ORS 164.325. He was sentenced to twenty years imprisonment and ordered to pay $60,700 restitution. We affirm.

Defendant was accused of conspiring with the dwelling's owners to burn the house for pay. On November 4, 1980, the home of Cheryl Storm and Michael Moon in Veneta was almost completely destroyed by fire. Moon and Storm were not home at the time of the fire...

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