STATE v. DARNELL

0307-33651; A124738.

149 P.3d 330 (2006)

209 Or. App. 805

STATE of Oregon, Respondent, v. Donald Hale DARNELL, Appellant.

Court of Appeals of Oregon.

Decided December 13, 2006.


Attorney(s) appearing for the Case

Peter A. Ozanne, Executive Director, Peter Gartlan, Chief Defender, Legal Services Division, and Anne Fujita Munsey, Senior Deputy Public Defender, Office of Public Defense Services filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Elizabeth A. Gordon, Assistant Attorney General, filed the brief for respondent.

Before LANDAU, Presiding Judge, and SCHUMAN and ORTEGA, Judges.


PER CURIAM.

Defendant appeals a judgment of conviction for felony assault in the fourth degree, ORS 163.160, assault in the third degree with a firearm, ORS 163.165, and assault in the fourth degree, ORS 163.160. His sole contention on appeal is that the trial court erred in ordering him to pay a compensatory fine for injuries that resulted from a charged crime that had been dismissed and for which he had not been convicted. The state concedes the point and suggests...

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