State v. Kammeyer

Defendant appeals a judgment of conviction for two counts of burglary in the first degree. ORS 164.225. In an unpreserved assignment of error, defendant argues that the trial court lacked authority to order restitution based on two other counts with which he had been charged, but which had been dismissed as part of a plea agreement. Although the state concedes that the trial court erred, State v. Thorpe, 217 Or App 301, 306, 175 P3d 993 (2007), it urges us not to consider defendant’s assignment of error, contending that he waived his claim of error or invited the asserted error. Because we…