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STATE v. LABAR

103435, A148485.

314 P.3d 328 (2013)

259 Or. App. 334

STATE of Oregon, Plaintiff-Respondent, v. Donald Daniel LABAR, Defendant-Appellant.

Court of Appeals of Oregon.

Decided November 14, 2013.

Attorney(s) appearing for the Case

Kristin A. Carveth , Deputy Public Defender, argued the cause for appellant. With her on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Cecil A. Reniche-Smith , Senior Assistant Attorney General, argued the cause for respondent. With her on the brief were Ellen F. Rosenblum , Attorney General, and Anna M. Joyce , Solicitor General.

Before ARMSTRONG, Presiding Judge, and EGAN, Judge, and De MUNIZ, Senior Judge.

ARMSTRONG, P.J.

Defendant appeals a supplemental judgment for restitution in the amount of $36,911.89 for property that defendant stole in a robbery at a Rite Aid pharmacy. Defendant contends that the court erred by awarding restitution to Rite Aid based on the retail value of the stolen property. According to defendant, the proper measure of economic damages for purposes of restitution was the wholesale value of the property and any profits lost by the store as a...

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