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STATE v. BUTLER

No. 81-144C; CA A21625.

643 P.2d 876 (1982)

56 Or.App. 855

STATE of Oregon, Respondent, v. Vicki Louise BUTLER, Appellant.

Court of Appeals of Oregon.

Decided April 19, 1982.

Attorney(s) appearing for the Case

Neil D. Smith, Klamath Falls, filed the brief for appellant.

Dave Frohnmayer, Atty. Gen., William F. Gary, Sol. Gen., and Richard David Wasserman, Asst. Atty. Gen., Salem, filed the brief for respondent.

Before BUTTLER, P.J., and WARDEN and WARREN, JJ.

PER CURIAM.

The state concedes that the trial court erred when it refused to schedule a hearing, on defendant's request, on the imposition of restitution, ORS 137.106(3), and delegated to the probation officer the responsibility for determining the amount of restitution required and the payment schedule. State v. Randolph, 49 Or.App. 399, 619 P.2d 680 (1980).

Sentence vacated and...

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