State v. Massie, 69 P.3d 1236 (Or. Ct. App. 2003)

Cases | State v. Massie, 69 P.3d 1236 (Or. Ct. App. 2003) | 2018

The defendant pled no contest to fourth-degree assault and, after the trial court found the defendant able to pay fines, restitution, and fees over a two-year period, was sentenced to two-years’ probation with conditions, a $300 fine, a unitary assessment, collection fees, and restitution in an amount to be set at a later date. The defendant was not present at the restitution hearing but, over objections of his attorney, the court set the restitution amount. On appeal, the defendant claims the trial court erred in setting restitution in his absence. The state agreed. The court of appeals held that the trial court erred in setting restitution in the defendant’s absence because there was no evidence in the record that the defendant received notice of when the hearing would be or that he voluntarily waived his right to be present. The order of restitution was vacated, and the case remanded for a new hearing to set the amount of restitution.