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STATE v. THORPE

040266BFE; A128450.

175 P.3d 993 (2007)

217 Or. App. 301

STATE of Oregon, Plaintiff-Respondent, v. Robert Wayne THORPE, Jr., Defendant-Appellant.

Court of Appeals of Oregon.

Decided December 26, 2007.

Attorney(s) appearing for the Case

John L. Susac, Deputy Public Defender, argued the cause for appellant. With him on the brief were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Office of Public Defense Services, Legal Services Division.

Hubert Chang, Certified Law Student, argued the cause for respondent. On the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Janet A. Klapstein, Senior Assistant Attorney General.

Before EDMONDS, Presiding Judge, and WOLLHEIM and SERCOMBE, Judges.

WOLLHEIM, J.

Defendant appeals a judgment of conviction for one count of criminal possession of a forged instrument in the second degree, ORS 165.017. He assigns error to the trial court's order of restitution, arguing that the court did not have authority to order restitution for three separate counterfeit checks when defendant was convicted of and admitted to possessing only a single forged instrument. On review for errors of law, we remand for resentencing.

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