State v. Packer, 916 P.2d 322 (Or Ct. App. 1996)

Cases | State v. Packer, 916 P.2d 322 (Or Ct. App. 1996) | 2018

The defendant was convicted of aggravated theft in the first degree. The trial court imposed a compensatory fine after it determined that the defendant had no ability to pay restitution and was supported entirely by public assistance. On appeal, the defendant argued that the trial court erred in imposing the compensatory fine because an assessment of the defendant’s ability to pay is required for both compensatory fines and restitution. The court of appeals held that although ORS § 137.101, the compensatory fine statute, does not require a court to determine the defendant’s ability to pay, ORS § 161.645, a general disposition of offenders statute, does require a court to first determine the defendant’s ability to pay. The court of appeals affirmed the conviction, but remanded for resentencing.