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STATE v. SPRANG

93050884; CA A83827.

904 P.2d 1092 (1995)

137 Or. App. 418

STATE of Oregon, Respondent, v. Phillip John SPRANG, III, Appellant.

Court of Appeals of Oregon.

Decided October 25, 1995.

Attorney(s) appearing for the Case

Eric Johansen, Deputy Public Defender, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender.

Timothy A. Sylwester, Assistant Attorney General, argued the cause for respondent. On the brief were Theodore R. Kulongoski, Attorney General, Virginia L. Linder, Solicitor General, and Stephanie S. Andrus, Assistant Attorney General.

Before RIGGS, P.J., and LANDAU and LEESON, JJ.

LEESON, Judge.

Defendant, a building contractor, was convicted on three counts of aggravated theft in the first degree, ORS 164.057, for misappropriating money he had received to perform work on the residences of three victims. As part of his sentence, the trial court ordered that he make restitution to the victims. ORS 137.106. Defendant assigns error to that ruling, claiming that a preconviction discharge in bankruptcy of his civil debt to the victims bars the restitution...

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