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STATE v. DANIEL

89-09-4706-C; CA A64415.

820 P.2d 901 (1991)

109 Or.App. 680

STATE of Oregon, Respondent, v. Roberto R. DANIEL, Appellant.

Court of Appeals of Oregon.

Decided November 13, 1991.

Attorney(s) appearing for the Case

Mary M. Reese, Deputy Public Defender, Salem, argued the cause for appellant. With her on the brief were Sally L. Avera, Public Defender, Salem.

Kaye E. Sunderland, 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 appeals the imposition of restitution of $355.70 after his conviction for endangering the welfare of a minor. ORS 163.575.1 We vacate the order of restitution and remand for resentencing.

After a bench trial, the court found that defendant and a woman had engaged in sexual conduct in the presence of the woman's 11-month old child. The court ordered defendant to pay $355.70 as restitution to Holy Rosary Medical...

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