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STATE v. KAMMEYER

070231023; A136674.

203 P.3d 274 (2009)

226 Or. App. 210

STATE of Oregon, Plaintiff-Respondent, v. Dwayne Anthony KAMMEYER, Defendant-Appellant.

Court of Appeals of Oregon.

Decided February 25, 2009.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, and Carolyn Bys, Deputy Public Defender, Legal Services Division, Office of Public Defense Services, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Anna M. Joyce, Assistant Attorney General, filed the brief for respondent.

Before LANDAU, Presiding Judge, and ORTEGA, Judge, and CARSON, Senior Judge.

ORTEGA, J.

Defendant appeals a judgment of conviction for two counts of burglary in the first degree. ORS 164.225. In an unpreserved assignment of error, defendant argues that the trial court lacked authority to order restitution based on two other counts with which he had been charged, but which had been dismissed as part of a plea agreement. Although the state concedes that the trial court erred, State v. Thorpe, 217 Or.App. 301

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