STATE v. SMITH

89C-20328; CA A62044.

803 P.2d 784 (1991)

105 Or. App. 404

STATE of Oregon, Respondent, v. Nancy Carolyn SMITH, Appellant.

Court of Appeals of Oregon.

Decided January 23, 1991.


Attorney(s) appearing for the Case

Sally L. Avera, Public Defender, Salem, argued the cause for appellant. With her on the brief was Gary D. Babcock, 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 WARREN, P.J., and RIGGS and EDMONDS, JJ.


PER CURIAM.

Defendant was convicted of theft in the first degree for receiving stolen property. ORS 164.055. As part of her sentence, restitution was ordered. The restitution included $200 that the state concedes should not have been imposed, because it was for damage to the building from which the stolen goods were taken before defendant became involved. We accept the concession.

We affirm defendant's conviction and remand for resentencing, with instructions...

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