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STATE v. DIN

C88-1112CR; CA A60061.

789 P.2d 19 (1990)

101 Or.App. 233

STATE of Oregon, Respondent, v. Az DIN, Appellant.

Court of Appeals of Oregon.

Decided April 4, 1990.

Attorney(s) appearing for the Case

Henry M. Silberblatt, Salem, argued the cause for appellant. With him on the brief was Sally L. Avera, Acting Public Defender, Salem.

Keith W. Wingfield, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

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

PER CURIAM.

Defendant appeals his conviction for theft in the first degree. The court imposed a $50 victim's assistance fee as part of the sentence. Because the conviction was treated as a misdemeanor for sentencing, pursuant to ORS 161.705, only a $20 victim's assistance fee is authorized. ORS 147.259(1). The state concedes, and we agree, that the court erred in imposing the $50 assessment.

Defendant's other assignments do not warrant discussion.

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