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STATE v. MOTSCHENBACHER

(96C-20757, 96C-20795 CA A97701 (Control), A97702)

986 P.2d 1246 (1999)

163 Or. App. 202

STATE of Oregon, Respondent, v. Cory MOTSCHENBACHER, Appellant.

Court of Appeals of Oregon.

Decided September 29, 1999.

Attorney(s) appearing for the Case

Daniel O. O'Dell, Deputy Public Defender, argued the cause for appellant. With him on the brief was David E. Groom, Public Defender.

Jonathan H. Fussner, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before WARREN, Presiding Judge, and EDMONDS and ARMSTRONG, Judges.

WARREN, S.J.*

Defendant pled guilty to four counts of assault III and DUII. In addition to prison time, post-prison supervision and unitary assessments, the court also ordered defendant to pay $162,367.59 in restitution. Defendant seeks review of the order of restitution, assigning as error the trial court's finding that defendant had the ability to pay $162,367.59. First, defendant argues that payment of the entire amount of restitution...

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