STATE v. SIMMS

C88-09-36506; CA A60375.

797 P.2d 1080 (1990)

103 Or.App. 640

STATE of Oregon, Respondent, v. James Edward SIMMS, Appellant.

Court of Appeals of Oregon.

Decided October 10, 1990.


Attorney(s) appearing for the Case

Sally L. Avera, Public Defender, Salem, and Irene B. Taylor, Salem, filed the brief, for appellant.

Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., Ann Kelley, Asst. Atty. Gen., and Lauri Alsup, Certified Law Student, Salem, filed the brief, for respondent.

Before JOSEPH, C.J., and ROSSMAN and DeMUNIZ, JJ.


PER CURIAM.

Defendant was indicted with a co-defendant in a 9-count indictment. Only Counts 1 through 6 accused defendant and his co-defendant. The other counts pertained to the co-defendant alone; two of those counts involved the property of Dong Nguyen. Defendant was convicted on Counts 2, 3, 4 and 5; on Count 5, the court imposed a suspended sentence and placed defendant on probation, subject to the condition that he pay restitution for damage to Nguyen's property...

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