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STATE v. RED-DOG

MI120823; A151782.

323 P.3d 336 (2014)

261 Or. App. 106

STATE of Oregon, Plaintiff-Respondent, v. Felisia Helen RED-DOG, aka Felisia Helen Dog, aka Felisia Helen Red, Defendant-Appellant.

Court of Appeals of Oregon.

Decided February 12, 2014.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Elizabeth Daily , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Greg Rios , Assistant Attorney General, filed the brief for respondent.

Before ARMSTRONG, Presiding Judge, and NAKAMOTO, Judge, and EGAN, Judge.

PER CURIAM.

In this case, defendant entered a guilty plea to one count of second-degree theft, ORS 164.045, for stealing DVDs from Walmart, which Walmart recovered. On appeal, defendant challenges only the trial court's imposition of a $25 compensatory fine to Walmart as a restocking fee, contending that the evidence was insufficient to establish that Walmart suffered economic damage as required by ORS 137.101. The state concedes the error, and we agree and accept...

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