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STATE v. IVIE

No. 78-2712; CA 11922.

590 P.2d 740 (1979)

38 Or.App. 453

STATE of Oregon, Respondent, v. Bruce Allen IVIE, Appellant.

Court of Appeals of Oregon.

Decided February 20, 1979.

Attorney(s) appearing for the Case

David E. Groom, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Before SCHWAB, C.J., and TANZER, RICHARDSON and ROBERTS, JJ.

TANZER, Judge.

This is a criminal case in which defendant seeks a remand for resentencing for his conviction of second degree burglary. The trial court sentenced him to five years' imprisonment and, pursuant to O.R.S. 137.106, ordered him to pay $338 as restitution to the victim of the burglary. The principal issue on appeal concerns the amount of restitution.

At the sentencing hearing, defendant's attorney contended that the amount of restitution was excessive...

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