State v. Gaines

Defendant appeals a judgment of conviction of burglary in the first degree, ORS 164.225, and theft in the first degree. ORS 164.055. The judgment provides, in part:

“As a condition of parole, the defendant is hereby ORDERED to make restitution * * *.”

Defendant assigns as error that the court ordered restitution as a condition of parole. We affirm.

Defendant argues that the court lacks authority to impose restitution as a condition of parole rather than as part of the sentence. The state responds that defendant waived his right to object to the imposition of restitution, because he failed to…