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STATE v. RUTHERFORD

Nos. Z169783; CA A89158.

912 P.2d 431 (1996)

139 Or. App. 505

STATE of Oregon, Respondent, v. Henry A. RUTHERFORD, Appellant.

Court of Appeals of Oregon.

Decided March 6, 1996.

Attorney(s) appearing for the Case

Garrett A. Richardson and Multnomah Defenders, Portland, filed the brief, for appellant.

Theodore R. Kulongoski, Attorney General, Virginia L. Linder, Solicitor General, and Jonathan H. Fussner, Assistant Attorney General, filed the brief, for respondent.

Before RICHARDSON, C.J., and RIGGS and LANDAU, JJ.

PER CURIAM.

Defendant pled guilty to driving while under the influence of intoxicants. ORS 813.010. The court suspended imposition of sentence and imposed three years probation. As a condition of probation, the court imposed a $1,000 compensatory fine.

ORS 137.101(1) limits the imposition of a compensatory fine to a situation in which "the person injured by the act constituting the crime has a remedy by civil action." State v. Barkley,

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