STATE v. IGNACIO GUTIERREZ

010735026; A119840.

106 P.3d 670 (2005)

197 Or. App. 496

STATE of Oregon, Respondent, v. Oscar IGNACIO GUTIERREZ, Appellant.

Court of Appeals of Oregon.

Decided February 16, 2005.


Attorney(s) appearing for the Case

Jennelle Meeks Barton, Deputy Public Defender, argued the cause for appellant. With her on the brief were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Office of Public Defense Services.

Doug M. Petrina, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before LANDAU, Presiding Judge, and BREWER, Chief Judge, and ARMSTRONG, Judge.


BREWER, C.J.

A jury convicted defendant of felony fleeing or attempting to elude a police officer.1 ORS 811.540(1)(b)(A). At sentencing, the trial court ordered defendant to pay restitution for damage that he caused to a police car while attempting to flee. The court also imposed 36 months' probation, twice the presumptive probation sentence. On appeal, defendant does not challenge his conviction, but he argues that the court failed to...

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