Court of Appeals of Oregon, 1993

State v. Stone

State v. Stone
Court of Appeals of Oregon · Decided March 31, 1993 · Edmonds, Richardson, Warren
119 Or. App. 152; 848 P.2d 149; 1993 Ore. App. LEXIS 538

State v. Stone

Opinion of the Court

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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