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STATE v. WHITE

093166MI; A144392.

264 P.3d 1291 (2011)

246 Or. App. 329

STATE of Oregon, Plaintiff-Respondent, v. Titus Albert WHITE, Defendant-Appellant.

Court of Appeals of Oregon.

Decided November 2, 2011.

Attorney(s) appearing for the Case

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

Cecil A. Reniche-Smith argued the cause for respondent. With her on the brief was John R. Kroger , Attorney General, and Mary H. Williams , Solicitor General.

Before ORTEGA, Presiding Judge, and BREWER, Chief Judge, and SERCOMBE, Judge.

BREWER, C.J.

Defendant, who was convicted of fourth-degree assault, ORS 163.160, and harassment, ORS 166.065, argues on appeal that the trial court committed plain error in imposing restitution and asks this court to "vacate the restitution order." The state responds that the trial court properly imposed restitution, and it also argues that, in light of the Supreme Court's decision in State v. Fowler, 350 Or. 133,

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