State v. Canady

Defendants were convicted of third-degree assault. At a joint sentencing hearing on May 15, 2006, defendants and the state requested that the court set a later date for a hearing on the issue of restitution. The court granted the request and held the restitution hearing on October 30,2006. By that time, more than 90 days had elapsed since the entry of their judgments of conviction, and defendants argued that a restitution award was therefore impermissible. See ORS 137.106(l)(b) (providing that “the specific amount of restitution shall be established by supplemental judgment based upon a…