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STATE v. KACIN

200407322; A139622.

240 P.3d 1099 (2010)

237 Or. App. 66

STATE of Oregon, Plaintiff-Respondent, v. Andrea Jo KACIN, aka Andrea Jo Whalin, Defendant-Appellant.

Court of Appeals of Oregon.

Decided September 1, 2010.

Attorney(s) appearing for the Case

Bronson D. James , Chief 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.

Karla Ferrall , 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 SCHUMAN, Judge, and ORTEGA, Judge.

LANDAU, P.J.

Defendant appeals an order revoking her probation, based on her failure to pay restitution. She argues that the trial court erred in revoking probation based solely on her late payment of restitution. We agree and reverse and remand.

The facts are not in dispute. After she embezzled almost $136,000 from her employer, defendant was charged with aggravated first-degree theft, ORS 164.057. Following a guilty plea, defendant was convicted, and she...

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