State v. Martin

Defendant pled guilty to two counts of rape in the first degree. In addition to two concurrent twenty-year prison terms, defendant was sentenced to pay costs in the amount of $4,953.26 and to make restitution in the amount of $39, both to be paid within six months of the expiration date of defendant’s parole. Defendant appeals that part of his sentence ordering him to pay costs and restitution.

The trial court has authority to impose costs of prosecution on a defendant by ORS 161.665.1 Before costs may be imposed, a court must make specific findings with respect to the defendant’s ability to…