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STATE v. GRAY

94D-107107; CA A90153.

956 P.2d 1066 (1998)

153 Or. App. 296

STATE of Oregon, Respondent, v. Diane Marie GRAY, Appellant.

Court of Appeals of Oregon.

Decided April 1, 1998.

Attorney(s) appearing for the Case

Walter Ledesma, Deputy Public Defender, argued the cause for the appellant. On the brief were Sally L. Avera, Public Defender, and Eric M. Cumfer, Deputy Public Defender.

Ann Kelley, Assistant Attorney General, argued the cause for the respondent. With her on the brief were Hardy Myers, Attorney General, and Virginia L. Linder, Solicitor General.

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

LANDAU, Judge.

Defendant appeals her conviction for theft in the second degree, assigning error to the court's imposition of restitution. Because we conclude that defendant did not have an opportunity to be heard on the restitution award, we remand the case to the trial court for resentencing.

Defendant was convicted after trial to the court on stipulated facts. The parties agreed that defendant tried to return a stolen new coat to Sears. The coat was worth...

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