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STATE v. KESCH

C952331CR; CA A93129.

946 P.2d 322 (1997)

150 Or. App. 288

STATE of Oregon, Respondent, v. Frank Loren KESCH, Jr., Appellant.

Court of Appeals of Oregon.

Decided October 1, 1997.

Attorney(s) appearing for the Case

Louis R. Miles, Deputy Public Defender, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender.

Jonathan H. Fussner, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Virginia L. Linder, Solicitor General.

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

WARREN, Presiding Judge.

Defendant appeals from an order of restitution entered in his absence. The only issue is whether defendant waived his statutory right to be present at all stages of a trial, including sentencing. See ORS 137.030, ORS 137.040 and ORS 137.106. We reverse and remand for resentencing.

Defendant pled guilty on December 18, 1995, to burglary in the first degree and was sentenced to 24 months in prison. During sentencing, the state...

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