State v. Ivie

This is a criminal case in which defendant seeks a remand for resentencing for his conviction of second degree burglary. The trial court sentenced him to five years’ imprisonment and, pursuant to ORS 137.106, ordered him to pay $338 as restitution to the victim of the burglary. The principal issue on appeal concerns the amount of restitution.

At the sentencing hearing, defendant’s attorney contended that the amount of restitution was excessive. He stated:

"Well, probably the total restitution that would be the appropriate order would be somewhere in the area of $200. And I have no way of really…