State v. McLaughlin

Defendant appeals a judgment of conviction for first-degree theft, ORS 164.055 (2007). He assigns error to the trial court’s denial of his motion in arrest of judgment and to the imposition of restitution in the amount of $421.65. We affirm the court’s denial of the motion in arrest of judgment, but remand for resentencing because the state failed to timely present evidence of the amount of damages to support the imposition of restitution.

The relevant facts are not in dispute. Defendant removed a bronze plaque that was affixed to the wall of the Portland Police Bureau’s Central Precinct,…