State v. Hart, 985 P.2d 1260 (Or. 1999)

Cases | State v. Hart, 985 P.2d 1260 (Or. 1999) | 2018

The defendant plead guilty to aggravated theft for embezzling money from her employer and was assigned prison time and ordered to pay full restitution within 24 months of her release from prison. On appeal, the defendant claimed the restitution amount and pay schedule set by the court was unsupported by the evidence given defendant’s stated income. The court of appeals reversed the imposition of restitution and remanded for the trial court to examine whether the defendant was able to pay restitution on the set schedule. The supreme court reversed in part and affirmed in part the decision of the court of appeals. The supreme court held that the trial court was not required to make factual findings as to whether the defendant could pay the required amount in the prescribed time period, and it found the trial court’s restitution schedule and amount to be reasonable.