STATE v. SELLERS

33331; CA A33519.

709 P.2d 768 (1985)

76 Or.App. 552

STATE of Oregon, Respondent, v. Robert Stephen SELLERS, Appellant.

Court of Appeals of Oregon.

Decided November 20, 1985.

Reconsideration Denied January 3, 1986.

Review Denied January 22, 1986.


Attorney(s) appearing for the Case

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

Linda J. DeVries, Asst. Atty. Gen., argued the cause for respondent. With her on brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.


NEWMAN, Judge.

Defendant appeals his conviction for unauthorized use of a vehicle. ORS 164.135. He assigns as error the trial court's refusal to give the "less satisfactory evidence" instruction which he had requested. He also assigns error to the court's fixing of the amount and the method of making restitution payments. We affirm the conviction and remand for resentencing with respect to restitution.

On April 21, 1983, a van was stolen from a Salem car dealer...

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