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STATE v. MOORE

07C41582; A138866.

243 P.3d 151 (2010)

239 Or. App. 30

STATE of Oregon, Plaintiff-Respondent, v. Randy Vincent MOORE, aka Randy Vincent Dickey, Defendant-Appellant.

Court of Appeals of Oregon.

Decided November 24, 2010.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Robin A. Jones , Senior Deputy Public Defender, filed the brief for appellant.

John R. Kroger , Attorney General, Jerome Lidz , Solicitor General, and Jeff J. Payne , Assistant Attorney General, filed the brief for respondent.

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

LANDAU, P.J.

Defendant appeals a judgment of conviction for one count of theft in the first degree, ORS 164.055, and one count of unauthorized use of a vehicle, ORS 164.135. He assigns error to the court's imposition of a $1,455.36 compensatory fine to be paid to Infinity Insurance Company (Infinity) as part of his sentence. We conclude that the trial court erred in imposing the fine and therefore reverse and remand for resentencing and otherwise affirm.

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