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STATE v. McGINNIS

Nos. 88-734-CR; CA A62165.

803 P.2d 1225 (1991)

105 Or. App. 154

STATE of Oregon, Respondent, v. Stephen McGINNIS, Appellant.

Court of Appeals of Oregon.

Decided January 9, 1991.

Attorney(s) appearing for the Case

Sally L. Avera, Public Defender, Salem, filed the brief for appellant.

Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Katherine H. Waldo, Asst. Atty. Gen., Salem, filed the brief for respondent.

Before BUTTLER, P.J., and ROSSMAN and DE MUNIZ, JJ.

ROSSMAN, Judge.

Defendant appeals his conviction for third degree rape, ORS 163.355, assigning error to the trial court's imposition of a compensatory fine that was distributed to the victim under ORS 137.101(1), which provides:

"Whenever the court imposes a fine as penalty for the commission of a crime resulting in injury for which the person injured by the act constituting the crime has a remedy by civil action, unless the issue of punitive damages has...

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