Opinion
C91-12-36516; CA A74222
Submitted on record and briefs March 11, 1993
Judgment for restitution vacated; otherwise affirmed March 31, 1993
Appeal from Circuit Court, Multnomah County.
Irving M. Steinbock, Judge.
Sally L. Avera, Public Defender, and Diane L. Alessi, Deputy Public Defender, Salem, filed the brief for appellant.
Theodore R. Kulongoski, Attorney General, Virginia L. Linder, Solicitor General, and Jonathan H. Fussner, Assistant Attorney General, Salem, filed the brief for respondent.
Before Richardson, Chief Judge, and Warren and Edmonds, Judges.
PER CURIAM
Judgment for restitution of $968 vacated; otherwise affirmed.
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 P.2d 690 (1990).
Judgment for restitution of $968 vacated; otherwise affirmed.