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STATE v. POTTER

C87-04-32322; CA A50014.

798 P.2d 690 (1990)

103 Or.App. 463

STATE of Oregon, Respondent, v. Charles Kenneth POTTER, Aka Charles Kenneth Hunter, Appellant.

Court of Appeals of Oregon.

Decided September 26, 1990.

Attorney(s) appearing for the Case

Irene B. Taylor, Salem, argued the cause for appellant. With her on the brief was Sally L. Avera, Public Defender, Salem.

Vera Langer, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

NEWMAN, Judge.

Defendant appeals a judgment of conviction for unauthorized use of a motor vehicle. ORS 164.135. He had pled guilty. At sentencing, the state requested that defendant pay restitution for the cost of repairing a dent that the car suffered during the period of the theft. The court suspended imposition of sentence and imposed restitution as a condition of probation. We affirm the conviction but vacate that condition of probation and remand for resentencing...

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