State v. Edson, 985 P.2d 1253 (Or. 1999)

Cases | State v. Edson, 985 P.2d 1253 (Or. 1999) | 2018

The defendant pled guilty to attempted assault in the second degree. The court sentenced her to three years of probation and ordered a substantial sum in restitution paid within 24 months of judgment, even though the court stated she did not have the ability to pay such an amount. The defendant appealed, and the court of appeals vacated the restitution order. The state appealed, and the supreme court found that while the trial court was statutorily authorized to order restitution according to the victim’s injuries, the payment schedule was required to take into account the defendant’s ability to pay. The supreme court held that while the amount of restitution was not in error, the payment schedule it set was unreasonable. The supreme court also found that the court of appeals should have remanded the case for resentencing instead of ruling that since the defendant was unable to pay restitution, the trial court could not sentence the defendant to pay any amount of restitution. The supreme court reversed the order vacating the restitution sentence and remanded to the trial court for resentencing.