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STATE v. STECKLER

C080741CR; A140148.

237 P.3d 882 (2010)

236 Or. App. 524

STATE of Oregon, Plaintiff-Respondent, v. Mitchell Avery STECKLER, Defendant-Appellant.

Court of Appeals of Oregon.

Decided August 11, 2010.

Attorney(s) appearing for the Case

Eric Johansen, Senior Deputy Public Defender, argued the cause for appellant. With him on the brief was Peter Gartlan, Chief Defender, Appellate Division, Office of Public Defense Services.

Cecil Reniche-Smith, Assistant Attorney General, argued the cause for respondent. With her on the brief were John R. Kroger, Attorney General, and Jerome Lidz, Solicitor General.

Before LANDAU, Presiding Judge, and ORTEGA, Judge, and SERCOMBE, Judge.

LANDAU, P.J.

Defendant appeals a judgment of conviction and sentence for robbery in the second degree, ORS 164.405, challenging the amount of restitution that the trial court imposed as part of the sentence. Because we conclude that there is insufficient evidence to support the restitution imposed, we reverse and remand for resentencing, but otherwise affirm.

The relevant facts are undisputed. Defendant, wearing a ski mask and wielding what appeared to be...

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