State v. Wilcher

Defendant was convicted of unauthorized use of a vehicle, ORS 164.135, after a trial to the court on stipulated facts. On appeal, he assigns as error the imposition of restitution as a part of his sentence.

The judgment requires defendant to pay “restitution totalling $1,247.57 — payment schedule to be determined by Parole Board.” He contends, first, that the trial court had no authority to delegate the setting of the payment schedule to the Board of Parole. We agree. ORS 161.675(1) provides, in pertinent part:

“When a defendant, as part of a sentence or as condition of probation or suspension…