STATE v. MONTGOMERY

89CR0771; CA A62371.

806 P.2d 183 (1991)

106 Or. App. 150

STATE of Oregon, Respondent, v. Vincent Adam MONTGOMERY, Appellant.

Court of Appeals of Oregon.

Decided February 27, 1991.


Attorney(s) appearing for the Case

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

Timothy A. Sylwester, Asst. Atty. Gen., Salem, argued the cause for respondent. On the brief were Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Vera Langer, Asst. Atty. Gen., Salem.

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


RIGGS, Judge.

Defendant was convicted of two counts of theft in the first degree. ORS 164.055. At sentencing, the trial court ordered him to pay costs, attorney fees and restitution and to sell his car to satisfy those obligations. He did not object to the court's order. We affirm the conviction but remand for resentencing.

Defendant argues that there is no statutory authority for the trial court to require him to sell assets to meet the financial obligations...

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