State v. Wanrow

We previously reversed defendant’s sentence for negligent homicide. State v. Wanrow, 30 Or App 75, 566 P2d 533 (1977). On remand, the trial court resentenced defendant to a term of probation, one condition being that defendant "make reparation in the amount of $7,100 to the estate of [the homicide victim].” Defendant again appeals, challenging this condition of probation. We again reverse.

In 1977 the legislature adopted a new statute governing restitution as a component of criminal sentences. Or Laws 1977, ch 371, p 304, codified as ORS 137.103-137.109, 137.540, 144.275, 161.675-161.685. The…