State v. Kesch, 946 P.2d 322 (Or. Ct. App. 1997)

Cases | State v. Kesch, 946 P.2d 322 (Or. Ct. App. 1997) | 2018

The defendant pled guilty to burglary in the first degree and was sentenced to 24 months in prison; sentencing on restitution was postponed. The defendant appealed an order of restitution entered while he was in prison in Arizona. The court of appeals held that because there was no evidence that the defendant had received a copy of the trial court’s written judgment, including a waiver provision, the defendant had not waived his right to be present at the restitution hearing. Furthermore, the defendant’s absence despite knowledge of logistics for the hearing did not constitute voluntary waiver because he was incarcerated and could not have been transported without aid of the Department of Corrections. The court of appeals vacated the order of restitution and remanded for resentencing.