State v. Martinez

Defendant appeals a judgment of conviction, following a bench trial, for unlawful use of a weapon, ORS 166.220; two counts of criminal mischief in the first degree, ORS 164.365; and menacing, ORS 163.190. He was sentenced to probation and ordered to pay, among other items, restitution in the amount of $3,209.85. On appeal, he raises three assignments of error related to his convictions, which we reject without discussion. We write only to address his fourth assignment of error, in which he challenges the award of restitution. On that assignment, we agree with defendant and reverse and remand…