State v. Ivory

Defendant appeals a judgment convicting him of first-degree theft by receiving, ORS 164.055, in which the court imposed a compensatory fine under ORS 137.101. He assigns error to a jury instruction that allowed the jury to convict him on a nonunanimous verdict and to the court’s imposition of the compensatory fine. We reject the jury instruction assignment of error without discussion, but we vacate the imposition of the compensatory fine and remand for resentencing.

In February 2006, the victim of the theft at issue in this case moved from her first-floor apartment to a third-floor apartment…