FILED: May 15, 2003

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Respondent,

v.

DANIEL GLEN BIGELOW,

Appellant.

99CR0632; A106783

Appeal from Circuit Court, Coos County.

Michael Gillespie, Judge.

Argued and submitted on March 31, 2003.

Shawn Wiley, Deputy Public Defender, argued the cause for appellant. With her on the brief was David E. Groom, Acting Executive Director, Office of Public Defense Services.

Holly A. Vance, Assistant Attorney General, filed the brief for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before Edmonds, Presiding Judge, and Deits, Chief Judge, and Kistler, Judge.

PER CURIAM

Order of restitution vacated; remanded for resentencing; otherwise affirmed.

PER CURIAM

Defendant appeals the sentence imposed after he pled guilty to theft by receiving. ORS 164.055(1)(c). We reject most of his arguments without discussion. The state concedes that the trial court erred by imposing restitution for items that defendant returned to the victim, and we agree.

Order of restitution vacated; remanded for resentencing; otherwise affirmed.


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