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STATE v. IXCOLIN-OTZOY

A157191.

406 P.3d 100 (2017)

288 Or.App. 103

STATE of Oregon, Plaintiff-Respondent, v. Jose IXCOLIN-OTZOY, Defendant-Appellant.

Court of Appeals of Oregon.

October 4, 2017.

Attorney(s) appearing for the Case

Anne Fujita Munsey , Deputy Public Defender, argued the cause for appellant. With her on the brief was Ernest G. Lannet , Chief Defender, Criminal Appellate Section, Office of Public Defense Services.

Michael S. Shin , Assistant Attorney General, argued the cause for respondent. With him on the briefs were Ellen F. Rosenblum , Attorney General, and Paul L. Smith , Deputy Solicitor General.

Before Ortega, Presiding Judge, and Lagesen, Judge, and Garrett, Judge.

Defendant challenges an award of restitution to CARES Northwest and the Department of Human Services (DHS) for the costs of a sexual abuse evaluation performed by CARES on defendant's 15-year-old victim. On appeal, defendant argues that the costs of the evaluation may not be awarded as restitution under ORS 137.106 because an entity...

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