State v. Huyck

CAMPBELL, J. PRO TEMPORE

Defendant entered a plea of guilty to a charge of theft in the first degree. She was sentenced to pay restitution in the amount of $2,975 and costs in the amount of $150. She claims the trial court erroneously ordered her to pay these amounts because it failed to take into account her ability to pay them.

In determining whether to order restitution, the trial court must take into account the financial resources of the defendant and the burden that payment of restitution will impose. ORS 137.106(2)(a). Similarly, the court cannot sentence a defendant to pay costs unless…