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STATE v. MENDEZ

200324084, A126177.

155 P.3d 54 (2007)

211 Or. App. 311

STATE of Oregon, Plaintiff-Respondent, v. Christine Ann MENDEZ, Defendant-Appellant.

Court of Appeals of Oregon.

Decided March 14, 2007.

Attorney(s) appearing for the Case

Meredith Allen, Deputy Public Defender, argued the cause for appellant. With her on the brief were Peter Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Legal Services Division, Office of Public Defense Services.

Elizabeth A. Gordon, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before HASELTON, Presiding Judge, and ARMSTRONG and ROSENBLUM, Judges.

HASELTON, P.J.

Defendant, who was convicted of first-degree criminal mischief, ORS 164.365, appeals, challenging the trial court's imposition of restitution in an amount greater than $1,000. Defendant raises two arguments: (1) The trial court, in awarding restitution of $1,665.99, impermissibly "re-examined" a "fact tried by a jury," violating Article VII (Amended), section 3, of the Oregon Constitution.1 Specifically, defendant contends...

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