State v. Seggerman

Defendant appeals his conviction for conspiracy to commit theft in the first degree. ORS 164.055 1 ; ORS 161.450. 2 He assigns error to the sentencing court’s order of restitution. We review for errors of law, ORS 138.222(4)(a), 3 and affirm the conviction but remand for resentencing.

We take the undisputed facts from the record. Defendant managed a convenience store owned by the Bonbright Oil Company (Bonbright). On or about November 19, 1997, defendant agreed with an accomplice, Phillip Boling, that the two would stage a robbery at the store. Defendant stated that he agreed to stage the…