State v. McLaughlin

Defendant petitions for reconsideration of our disposition in this case, which stated: “Judgment awarding restitution vacated and remanded for resentencing; otherwise affirmed.” State v. McLaughlin, 243 Or App 214, 221, 258 P3d 1241 (2011). Defendant requests that we delete the phrase “and remanded for resentencing.” We allow the petition and modify the disposition.

We draw a distinction between cases overturning the restitution judgment outright and those remanding for resentencing based on whether the trial court still retains authority to impose restitution. State v. Tippetts, 239 Or App…