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STATE v. CARR

C90-08-34748; CA A67725.

840 P.2d 724 (1992)

116 Or. App. 60

STATE of Oregon, Respondent, v. Albert Chester CARR, Jr., Appellant.

Court of Appeals of Oregon.

Decided October 28, 1992.

Attorney(s) appearing for the Case

Martin W. Reeves, Portland, argued the cause for appellant. With him on the brief was Reeves, Kahn & Eder, Portland.

Cynthia A. Forbes, 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 BUTTLER, P.J., and ROSSMAN and DEMUNIZ, JJ.

PER CURIAM.

Defendant seeks reversal of his conviction, in a jury trial, of Assault I, ORS 163.185, and of the court's ordering him, as part of his sentence, to pay restitution "as a condition of post-prison supervision." We affirm the conviction and consider only the sentence to determine whether it exceeds the maximum allowable by law. ORS 138.040.

Defendant argues that there was insufficient evidence to establish that he had the ability to pay. The trial...

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