State v. Cox

Defendant appeals his convictions for burglary in the first degree and theft in the first degree. He assigns as error the trial court’s order of restitution. He argues that the trial court did not consider his financial resources and ability to pay as required by ORS 137.106. We agree and remand for resentencing.

After a jury convicted defendant, the trial court sentenced him to 18 months in prison with 36 months of post-prison supervision. The trial court also ordered defendant to pay $5,000 in restitution to the victim. The state acknowledges that the trial court did not consider defendant’s…