State v. Nguyen, 969 P.2d 1046 (Or. Ct. App. 1998)

Cases | State v. Nguyen, 969 P.2d 1046 (Or. Ct. App. 1998) | 2018

The defendant was convicted of attempted murder with a firearm and assault in the first degree with a firearm. The defendant was sentenced to 180 months in prison and to pay restitution upon his release. On appeal, he argues that the trial court erred in failing to consider and determine his ability to pay restitution before setting the amount at $9,950, to be paid over three years. The court of appeals held that the mere presence of information describing the defendant’s ability to pay restitution did not necessarily amount to a consideration by the court as required by ORS § 137.106. Furthermore, the restitution statutes required a determination of the amount of restitution the defendant is capable of paying within the time period for payment. The court of appeals vacated the order of restitution and remanded for reconsideration.