State v. Lopez

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Criminal Law
  • Date Filed: 03-05-2014
  • Case #: A150272
  • Judge(s)/Court Below: Sercombe, P. J. for the Court; Hadlock, J.; and Tookey, J.
  • Full Text Opinion

Under ORS 137.106, restitution must be imposed within 90 days after sentencing or otherwise extended by the court for good cause and Defendant must be given an opportunity to be heard before the court on the imposition, amount, or distribution of the restitution.

Defendant appealed his conviction for attempted murder following a guilty plea, asserting that the trial court erred in entering a judgment imposing restitution more than 90 days after sentencing and without giving him an opportunity to be heard. He also contended that the trial court erred in imposing multiple gun-minimum sentences with respect to the unlawful-use-of-a-weapon convictions. The State conceded to the Defendant's first assignment of error. Pursuant to ORS 137.106(1)(b), the court must impose restitution within 90 days after sentencing or "extend the time within which the determination and supplemental judgment may be completed for good cause" and furthermore, if the Defendant objects to "the imposition, amount or distribution of the restitution, the court shall allow the defendant to be heard on such issue * * *" under ORS 137.106(5). Under ORS 138.222(5), the case must be remanded for resentencing. Because the case must be remanded for resentencing, Defendant will get the opportunity to raise his second assignment of error before the trial court on remand. Judgment awarding restitution vacated; remanded for resentencing; otherwise affirmed.

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