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STATE v. MASSIE

011052074; A117713.

69 P.3d 1236 (2003)

188 Or. App. 41

STATE of Oregon, Respondent, v. Todd Franklin MASSIE, Appellant.

Court of Appeals of Oregon.

Decided May 29, 2003.

Attorney(s) appearing for the Case

Peter A. Ozanne, Executive Director, Office of Public Defense Services, and Laura Frikert, Deputy Public Defender, and Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Kaye E. McDonald, Assistant Attorney General, for motion.

Before BREWER, Presiding Judge, and DEITS, Chief Judge, and WOLLHEIM, Judge.

On Appellant's and Respondent's Joint Motion for Reversal and Remand February 28, 2003.

BREWER, P.J.

Defendant and the state have filed a joint motion for an order vacating the restitution order in this case and remanding it to the trial court for a further hearing to set the amount of restitution. We grant the motion.

Defendant pleaded no contest to fourth-degree assault. At sentencing, the trial court found that defendant had the ability to pay fines...

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