State v. Williams

After a trial to the court, defendant was convicted of failing to perform the duties of a driver, ORS 811.705, and sentenced to 21 months’ incarceration and two years’ post-prison supervision. The court also ordered defendant to make restitution to the victim in the sum of $680. ORS 137.106. Defendant’s sole assignment of error is to the imposition of the restitution obligation. • We vacate that portion of the sentence.

On appeal, defendant argues, and the state concedes, that under the applicable law at the time defendant committed the crime, and at the time of his sentencing, the trial court…