State v. Stone

Court of Appeals of Oregon

State v. Stone

848 P.2d 149, 119 Or. App. 152, 1993 Ore. App. LEXIS 538

CourtCourt of Appeals of Oregon

DecidedMarch 31, 1993

DocketC91-12-36516; CA A74222

StatusPublished

This text of 848 P.2d 149 (State v. Stone) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Stone, 848 P.2d 149, 119 Or. App. 152, 1993 Ore. App. LEXIS 538 (Or. Ct. App. 1993).

Pincite

Opinion

PER CURIAM

Defendant pled guilty to unauthorized use of a vehicle. ORS 164.135. As part of the sentence, the court required him to pay restitution to the victim for property that was in the vehicle. Defendant argues, and the state concedes, that defendant only admitted to unauthorized use of the vehicle, and not to theft of the property in it. He was in possession of the car about three weeks after it was reported stolen. The property was not in the vehicle at that time. We accept the state’s concession. The court did not have authority to order restitution for the property. ORS 137.106(1); State v. Potter, 103 Or App 463, 798 P2d 690 (1990).

Judgment for restitution of $968 vacated; otherwise affirmed.

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PER CURIAM

Defendant pled guilty to unauthorized use of a vehicle. ORS 164.135. As part of the sentence, the court required him to pay restitution to the victim for property that was in the vehicle. Defendant argues, and the state concedes, that defendant only admitted to unauthorized use of the vehicle, and not to theft of the property in it. He was in possession of the car about three weeks after it was reported stolen. The property was not in the vehicle at that time. We accept the state’s concession. The court did not have authority to order restitution for the property. ORS 137.106(1); State v. Potter, 103 Or App 463, 798 P2d 690 (1990).

Judgment for restitution of $968 vacated; otherwise affirmed.

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Bluebook (online)

848 P.2d 149, 119 Or. App. 152, 1993 Ore. App. LEXIS 538, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-stone-orctapp-1993.

Opinion

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