State v. Potter

Defendant appeals a judgment of conviction for unauthorized use of a motor vehicle. ORS 164.135. He had pled guilty. At sentencing, the state requested that defendant pay restitution for the cost of repairing a dent that the car suffered during the period of the theft. The court suspended imposition of sentence and imposed restitution as a condition of probation. We affirm the conviction but vacate that condition of probation and remand for resentencing.

Defendant asserts that the court erred, because the state failed to show that the damage resulted from defendant’s criminal activity. ORS…