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STATE v. PATTON

0402457CR; A138186.

238 P.3d 439 (2010)

237 Or. App. 46

STATE of Oregon, Plaintiff-Respondent, v. Donna Marie PATTON, Defendant-Appellant.

Court of Appeals of Oregon.

Decided September 1, 2010.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, and Mary M. Reese, Deputy Public Defender, Appellate Division, Office of Public Defense Services, submitted the brief for appellant.

John R. Kroger, Attorney General, Jerome Lidz, Solicitor General, and Leigh A. Salmon, Assistant Attorney General, submitted the brief for respondent.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.

LANDAU, P.J.

At issue in this criminal case is whether the estate of a victim is itself a "person" that is entitled to restitution as a "victim" under ORS 137.106. The trial court answered that question in the affirmative and ordered defendant to pay restitution to the estate of the victim. The relevant statutory definition of "person," however, is limited to a human being, a public or private corporation, an unincorporated association, or a government entity. Because...

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