State v. Binh Phuong Nguyen

Defendant was convicted of the crimes of attempted murder with a firearm, ORS 163.115, and assault in the first degree with a firearm ORS 163.185. He appeals and makes several assignments of error, only one of which warrants discussion. He contends that the trial court erred when it failed to consider and determine his ability to pay restitution before ordering him to pay $9,950 in restitution after serving sentences totaling 180 months. Under the court’s order, defendant is to pay the restitution during his three-year period of post-prison supervision. We reverse and remand.

At the sentencing…