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STATE v. BENTON

TC B63-787; CA A61763; SC S37184.

810 P.2d 851 (1991)

311 Or. 295

STATE of Oregon, Respondent On Review, v. Larry David BENTON, Petitioner On Review.

Supreme Court of Oregon.

Decided May 2, 1991.

Attorney(s) appearing for the Case

David A. Hill, Eugene, argued the cause and filed the petition for petitioner on review.

Robert M. Atkinson, Asst. Atty. Gen., Salem, argued the cause for respondent on review. With him on the response were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before PETERSON, C.J., and CARSON, GILLETTE, VAN HOOMISSEN, FADELEY and UNIS, JJ.

VAN HOOMISSEN, Justice.

Defendant appeals from a judgment finding him guilty of contempt for wilful failure to pay restitution and ordering him to serve three days in jail. ORS 161.685.1 The Court of Appeals concluded that the statute authorized only civil contempt and that the trial court's penalty was criminal because the court sentenced defendant to a determinate sentence of imprisonment with...

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