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STATE v. GARCIA

92C-20718; CA A77998.

868 P.2d 782 (1994)

126 Or. App. 335

STATE of Oregon, Respondent, v. Armando M. GARCIA, Appellant.

Court of Appeals of Oregon.

Decided February 16, 1994.

Attorney(s) appearing for the Case

Sally L. Avera, Public Defender, and Steven V. Humber, Deputy Public Defender, filed the brief for appellant.

Theodore R. Kulongoski, Atty. Gen., Virginia L. Linder, Sol. Gen., and Janet A. Klapstein, Asst. Atty. Gen., filed the brief for respondent.

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

WARREN, Presiding Judge.

Defendant was convicted of assault in the first degree. ORS 163.185. He assigns error only to the trial court's order that he pay a compensatory fine.

At the sentencing hearing, the trial court found that defendant had no ability to pay restitution to the victim. See ORS 137.106. Nonetheless, it ordered defendant to pay a compensatory fine of $11,000 and designated the victim as beneficiary.

Defendant argues that the...

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