STATE v. SMITH

B70-396; CA A44828.

763 P.2d 419 (1988)

93 Or.App. 639

STATE of Oregon, Respondent, v. Daniel Carl SMITH, Appellant.

Court of Appeals of Oregon.

Decided November 2, 1988.


Attorney(s) appearing for the Case

George W. Kelly, Eugene, argued the cause and filed the brief for appellant.

Janet A. Klapstein, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

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


RICHARDSON, Presiding Judge.

Defendant appeals his conviction, after a trial to the court on stipulated facts, for criminal mischief in the third degree. ORS 164.345. The court placed him on five years probation; one condition of probation is that he pay restitution of $405. Defendant's sole contention is that the trial court failed to consider his financial resources before imposing restitution.

The state contends that defendant's assignment of error is not...

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