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STATE v. EDSON

Nos. 10-94-12098; CA A87550.

912 P.2d 423 (1996)

139 Or. App. 412

STATE of Oregon, Respondent, v. Debra Lynn EDSON, Appellant.

Court of Appeals of Oregon.

Decided March 6, 1996.

Attorney(s) appearing for the Case

Andy Simrin, Deputy Public Defender, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender, Salem.

Kaye E. Sunderland, Assistant Attorney General, argued the cause for respondent. With her on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Before WARREN, P.J., and EDMONDS and ARMSTRONG, JJ.

WARREN, Presiding Judge.

Defendant pled guilty to attempted assault in the second degree, ORS 163.175 and ORS 161.405, and was sentenced to 36 months probation and ordered to pay restitution. She assigns error to the trial court's judgment ordering her to pay $20,552.41 in restitution within 24 months, even though the court expressly found that she would never have the ability to pay.1 We vacate the restitution provision of the judgment...

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