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STATE v. WAGONER

C091915CR; A145834.

307 P.3d 528 (2013)

257 Or. App. 607

STATE of Oregon, Plaintiff-Respondent, v. Cindie WAGONER, Defendant-Appellant.

Court of Appeals of Oregon.

Decided July 24, 2013.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Shawn E. Wiley , Chief Deputy Defender, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger , Attorney General, Anna M. Joyce , Solicitor General, and Doug M. Petrina , Senior Assistant Attorney General, filed the brief for respondent.

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

WOLLHEIM, J.

Defendant pleaded guilty to identity theft, ORS 165.800. Although the victim provided her restitution information in a timely fashion to the district attorney's office, the victim's advocate who received it failed to forward the information to the prosecutor. As a result, the prosecutor told the court that the victim had not provided restitution information, and the court awarded no restitution. After learning of the mistake, the victim filed a motion...

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