State v. Hampton

Defendant appeals his conviction for assault in the fourth degree and challenges only a condition of probation requiring that he pay $998 in restitution to the victim.1 Defendant was originally charged with assault in the second degree for hitting the victim in the mouth with a beer bottle and for kicking him in the head. He pleaded guilty to the lesser included offense of assault in the fourth degree, ORS 163.160, but admitted only that he kicked the victim in the head. The court suspended imposition of sentence and placed him on probation for four years.

Defendant disputes the requirement…