STATE v. MILLER

110849FE; A148376.

325 P.3d 787 (2014)

262 Or. App. 537

STATE of Oregon, Plaintiff-Respondent, v. Jeffrey David MILLER, Defendant-Appellant.

Court of Appeals of Oregon.

Decided April 30, 2014.


Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Kali Montague , Deputy Public Defender, Office of Public Defense Services, filed the briefs for appellant.

Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Justice J. Rillera , Assistant Attorney General, filed the brief for respondent.

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


NAKAMOTO, J.

This case concerns a condition of probation involving the forfeiture of gold seized from defendant. On appeal, defendant asserts that the court erroneously ordered the probation condition, which the state concedes. Defendant also contends that he is entitled to the return of the gold, but the state asserts that we must remand for resentencing without reaching the issue whether defendant is the rightful owner of the gold. We agree with the parties that...

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