State v. Umphery

Defendant appeals from his convictions for, among other offenses, second-degree assault, ORS 163.175, 1 assigning error to the trial court’s imposition of restitution. Defendant argues that, because he objected to the imposition of restitution, he was entitled to a restitution hearing under ORS 137.106(5). The state concedes that the trial court erred by imposing restitution without first affording defendant a hearing. As explained below, we find that concession to be well founded, and we accept it. 2

Defendant was convicted of a variety of offenses arising out of an automobile accident that…