State v. Vancleave, 989 P.2d 473 (Or. App. Ct. 1999)

Cases | State v. Vancleave, 989 P.2d 473 (Or. App. Ct. 1999) | 2018

The defendant was convicted of attempted assault in the first degree, was sentenced to 45 months in prison, 36 months of post-prison supervision, and was ordered to pay restitution on a set schedule of not less than $300 per month. The court also applied the defendant’s security release to the financial obligations and set a final date by which all restitution must be paid. On appeal, the defendant argued “that the trial court erred by ordering restitution in an amount that it knew could not be paid within the post-prison supervision period.” The court of appeals held that the trial court could reasonably have found the defendant would be able to pay the restitution by the set date. The judgment was affirmed.