STATE v. OLSON

87-08-4087-C; CA A45969.

754 P.2d 626 (1988)

91 Or.App. 290

STATE of Oregon, Respondent, v. Jimmy Leroy OLSON, Appellant.

Court of Appeals of Oregon.

Decided May 18, 1988.


Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for appellant.

Christine Chute, 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 WARDEN, P.J., and VAN HOOMISSEN and GRABER, JJ.


GRABER, Judge.

Defendant appeals his conviction for theft. ORS 164.055. He assigns as error the denial of his motions to acquit and to dismiss and challenges the amount of restitution awarded. We modify the restitution award but otherwise affirm.

Defendant agreed to sell two trucks to Rodriguez for $1,000. They made the agreement in Idaho, where the trucks allegedly were located.1 Defendant promised to deliver the trucks to Rodriguez...

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