STATE v. HOWE

CR0108009B; A121498.

109 P.3d 391 (2005)

198 Or. App. 568

STATE of Oregon, Respondent, v. Maria Anita HOWE, Appellant.

Court of Appeals of Oregon.

Decided March 30, 2005.


Attorney(s) appearing for the Case

Laura Frikert filed the briefs for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Katherine H. Waldo, Assistant Attorney General, filed the brief for respondent.

Before HASELTON, Presiding Judge, and LINDER and ORTEGA, Judges.


HASELTON, P.J.

Defendant was convicted of arson in the second degree, ORS 164.315, and received an upward departure sentence of 36 months' probation. Defendant also was ordered to pay restitution in the amount of $26,764. On appeal, defendant challenges both the imposition of the departure sentence and the amount of restitution. We reject defendant's arguments concerning restitution without discussion. We agree, however, with defendant's argument that, under the rationale...

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