State v. McLaughlin

Based on renewed briefing that the state has submitted regarding the proper disposition in this case, we withdraw our opinion on reconsideration in State v. McLaughlin, 244 Or App 691, 260 P3d 814 (2011) (McLaughlin II). We write to explain the basis for our decision.

In our original opinion in this case, State v. McLaughlin, 243 Or App 214, 258 P3d 1241 (2011), we rejected defendant’s challenge to his conviction for first-degree theft but vacated the supplemental judgment of restitution because the prosecution did not present the minimum required notice of the nature and amount of restitution…