State v. Sellers

Defendant appeals his conviction for unauthorized use of a vehicle. ORS 164.135. He assigns as error the trial court’s refusal to give the “less satisfactory evidence” instruction which he had requested. He also assigns error to the court’s fixing of the amount and the method of making restitution payments. We affirm the conviction and remand for resentencing with respect to restitution.

On April 21,1983, a van was stolen from a Salem car dealer. The next morning an employe of the car dealer saw the van at a gas station. Defendant was driving. The employe followed the van until it stopped near…