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STATE v. PACKER

CR93-058; CA A85937.

916 P.2d 322 (1996)

140 Or. App. 488

STATE of Oregon, Respondent, v. Marie PACKER, Appellant.

Court of Appeals of Oregon.

Decided May 1, 1996.

Attorney(s) appearing for the Case

Ingrid A. MacFarlane, Deputy Public Defender, argued the cause for appellant. With her 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, and Virginia L. Linder, Solicitor General, and Kaye E. Sunderland, Assistant Attorney General.

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

RIGGS, Presiding Judge.

Defendant appeals her conviction for aggravated theft in the first degree, a class B felony. ORS 164.057. The only issue is whether the court erred in imposing a compensatory fine after determining that defendant is unable to pay restitution. We hold that it did err and remand for resentencing.

After the jury returned a guilty verdict, the court ordered that defendant be placed on probation for five years. The state requested restitution...

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