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STATE v. McLAUGHLIN

080733272; A142664.

258 P.3d 1241 (2011)

243 Or. App. 214

STATE of Oregon, Plaintiff-Respondent, v. John Lee McLAUGHLIN, Defendant-Appellant.

Court of Appeals of Oregon.

Decided May 25, 2011.

Attorney(s) appearing for the Case

Marc D. Brown , Deputy Public Defender, argued the cause for appellant. With him on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Samuel A. Kubernick , Assistant Attorney General, argued the cause for respondent. With him on the brief were John R. Kroger , Attorney General, and Mary H. Williams , Solicitor General.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and NAKAMOTO, Judge.

NAKAMOTO, J.

Defendant appeals a judgment of conviction for first-degree theft, ORS 164.055 (2007).1 He assigns error to the trial court's denial of his motion in arrest of judgment and to the imposition of restitution in the amount of $421.65. We affirm the court's denial of the motion in arrest of judgment, but remand for resentencing because the state failed to timely present evidence of the...

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