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STATE v. GRAFF

8811-37435; CA A62452.

801 P.2d 140 (1990)

104 Or.App. 469

STATE of Oregon, Respondent, v. Daniel GRAFF, Appellant.

Court of Appeals of Oregon.

Decided November 28, 1990.

Attorney(s) appearing for the Case

Laura Graser, Portland, argued the cause and filed the brief for appellant.

Keith 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 WARREN, P.J., and RIGGS and EDMONDS, JJ.

RIGGS, Judge.

Defendant was convicted after a jury trial of assault in the third degree. ORS 163.165. He assigns error to the trial court's order requiring him to pay restitution. We remand for resentencing.

Defendant and another man assaulted Nelson, who lost an eye as a result of the crime. Defendant's sentence was suspended, and he was placed on probation for five years. The state did not have restitution information...

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