STATE v. KEPHART

200801786; A141148.

277 P.3d 570 (2012)

249 Or. App. 360

STATE of Oregon, Plaintiff-Respondent, v. Philip Lee KEPHART, Defendant-Appellant.

Court of Appeals of Oregon.

Decided April 18, 2012.


Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Kristin A. Carveth , Deputy Public Defender, Office of Public Defense Services, filed the briefs for appellant.

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

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


ORTEGA, P.J.

Defendant appeals a judgment convicting him of aggravated murder by abuse and imposing restitution in the amount of $1,171,994.47 to be paid to the state. On appeal, in three assignments of error, defendant challenges $1,168,494.47 of the restitution award. We vacate and remand.

Defendant was charged with causing the death of his daughter by engaging in a pattern of assault against her over a period of years. After plea negotiations, defendant...

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