STATE v. BERRY

Nos. 28871; CA A32583.

702 P.2d 82 (1985)

74 Or.App. 224

STATE of Oregon, Respondent, v. Robert Sherman BERRY, Appellant.

Court of Appeals of Oregon.

Argued and Submitted February 27, 1985.


Attorney(s) appearing for the Case

Sally L. Avera, Salem, argued the cause for appellant. With her on the brief was Gary D. Babcock, Public Defender, Salem.

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

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.


BUTTLER, Presiding Judge.

Defendant appeals his conviction for theft by deception, contending that there was insufficient evidence of guilt to support his conviction and that the restitution ordered by the court was improper. We affirm the conviction but remand for resentencing.

The record was sufficient to permit a jury to find beyond a reasonable doubt that defendant falsely represented the extent of fire damage to his truck to the insurance company on the...

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