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STATE v. CARPENTER

C88-03-31401; CA A50988.

791 P.2d 145 (1990)

101 Or.App. 489

STATE of Oregon, Respondent, v. Brian Keith CARPENTER, Appellant.

Court of Appeals of Oregon.

Decided May 2, 1990.

Reconsideration Denied August 1, 1990.

Attorney(s) appearing for the Case

Peter Gartlan, Salem, argued the cause for appellant. With him on the brief was Sally L. Avera, Acting Public Defender, Salem.

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 GRABER, P.J., and RIGGS and EDMONDS, JJ.

EDMONDS, Judge.

Defendant appeals his convictions for assault in the first degree and unauthorized use of a motor vehicle. ORS 163.185; ORS 164.135. He assigns error to the court's imposition of restitution as part of his sentence. ORS 161.675(1).1 We affirm.

The sentence requires that defendant pay restitution "in an amount not to exceed $40,000, said restitution to be paid * * * at a payment rate and schedule to be determined...

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