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STATE v. EDSON

(CC 10-94-12098; CA A87550; SC S43263).

985 P.2d 1253 (1999)

329 Or. 127

STATE of Oregon, Petitioner on Review, v. Debra Lynn EDSON, Respondent on Review.

Supreme Court of Oregon.

Decided July 29, 1999.

Attorney(s) appearing for the Case

Jonathan H. Fussner, Assistant Attorney General, Salem, argued the cause for petitioner on review. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Andy Simrin, Deputy Public Defender, Salem, argued the cause for respondent on review. With him on the brief was Sally L. Avera, Public Defender.

Before CARSON, Chief Justice, and GILLETTE, VAN HOOMISSEN, DURHAM, LEESON, and RIGGS, Justices.

GILLETTE, J.

In this criminal case, defendant pleaded guilty to attempted assault in the second degree. The trial court placed defendant on probation for a period of three years and ordered her to pay a substantial sum in restitution within 24 months of the date of judgment, although it expressly stated that she did not have the ability to pay that amount within that time. The Court of Appeals vacated the restitution provision of the trial court's judgment but otherwise...

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