State v. Packer

Defendant appeals her conviction for aggravated theft in the first degree, a class B felony. ORS 164.057. The only issue is whether the court erred in imposing a compensatory fine after determining that defendant is unable to pay restitution. We hold that it did err and remand for resentencing.

After the jury returned a guilty verdict, the court ordered that defendant be placed on probation for five years. The state requested restitution, and defendant objected on the ground that she has no ability to pay. The court heard evidence that defendant has serious medical problems, is unable to work,…