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STATE v. IVORY

060331870; A133623.

220 P.3d 56 (2009)

231 Or. App. 381

STATE of Oregon, Plaintiff-Respondent, v. Gregory IVORY, Defendant-Appellant.

Court of Appeals of Oregon.

Decided October 21, 2009.

Attorney(s) appearing for the Case

Erin Galli and Chilton, Ebbett & Galli, LLC, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Greg Rios, Assistant Attorney General, filed the brief for respondent.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and ROSENBLUM, Judge.

ARMSTRONG, J.

Defendant appeals a judgment convicting him of first-degree theft by receiving, ORS 164.055, in which the court imposed a compensatory fine under ORS 137.101. He assigns error to a jury instruction that allowed the jury to convict him on a nonunanimous verdict and to the court's imposition of the compensatory fine. We reject the jury instruction assignment of error without discussion, but we vacate the imposition of the compensatory fine and remand for...

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