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STATE v. UMPHERY

08FE0538MA; A141891.

248 P.3d 449 (2011)

241 Or. App. 36

STATE of Oregon, Plaintiff-Respondent, v. Joseph Lee UMPHERY, Defendant-Appellant.

Court of Appeals of Oregon.

Decided February 23, 2011.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Laura A. Frikert , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger , Attorney General, David B. Thompson , Interim Solicitor General, and Kristen G. Williams , Assistant Attorney General, filed the brief for respondent.

Before BREWER, Chief Judge, and GILLETTE, Senior Judge.

BREWER, C.J.

Defendant appeals from his convictions for, among other offenses, second-degree assault, ORS 163.175,1 assigning error to the trial court's imposition of restitution. Defendant argues that, because he objected to the imposition of restitution, he was entitled to a restitution hearing under ORS 137.106(5). The state concedes that the trial court erred by imposing restitution without first affording defendant a hearing. As explained...

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