State v. Carlton

Defendant pleaded guilty to aggravated theft in the first degree, ORS 164.057, and criminal mistreatment in the first degree, ORS 163.205, and was sentenced to 24 months of probation. The court also imposed restitution in the amount of $76,362.88. On appeal, defendant contends that he objected to the imposition of restitution and, therefore, that the trial court erred in imposing restitution without a hearing. The state concedes the error. We agree and accept the concession. See ORS 137.106(5) (providing that, where a defendant objects to restitution, “the court shall allow the defendant to…