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STATE v. GAINES

89-Cr-0185-ST; CA A61629.

798 P.2d 730 (1990)

103 Or.App. 646

STATE of Oregon, Respondent, v. Lowell GAINES, Appellant.

Court of Appeals of Oregon.

Decided October 10, 1990.

Attorney(s) appearing for the Case

Sally L. Avera, Public Defender, Salem, argued the cause for appellant. With her on the brief was Gary D. Babcock, Salem.

Janet A. Klapstein, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were David B. Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before EDMONDS, P.J., and RIGGS and NEWMAN, JJ.

PER CURIAM.

Defendant appeals a judgment of conviction of burglary in the first degree, ORS 164.225, and theft in the first degree. ORS 164.055. The judgment provides, in part:

"As a condition of parole, the defendant is hereby ORDERED to make restitution * * *."

Defendant assigns as error that the court ordered restitution as a condition of parole. We affirm.

Defendant argues that the court lacks authority to impose restitution as a condition...

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