State v. Collins

Defendant appeals his conviction for theft in the first degree. ORS 164.055. He challenges only a condition of probation requiring that he pay $50,000 in restitution to the victim,1 arguing that the court failed to take into account his financial resources, as required by ORS 137.106, in determining the amount of restitution.2

The court placed defendant on probation for five years and ordered that he serve one year in the county jail. He was to pay the restitution in its entirety 30 days before the expiration of probation, or within five years. At the time that it ordered restitution, the…