State v. Carr

Defendant seeks reversal of his conviction, in a jury trial, of Assault I, ORS 163.185, and of the court’s ordering him, as part of his sentence, to pay restitution “as a condition of post-prison supervision.” We affirm the conviction and consider only the sentence to determine whether it exceeds the maximum allowable by law. ORS 138.040.

Defendant argues that there was insufficient evidence to establish that he had the ability to pay. The trial court did consider his ability to pay restitution, which was all that was required under ORS 137.106.

Defendant also argues that the court was not…