State v. Stockton

Defendant was convicted under ORS 163.555 of criminal nonsupport of a child during a specific two-month period of nonpayment. He seeks a reduction in the amount of restitution from $5,180, representing 28 months of arrearages, ordered by the trial court, to $450, representing only two months. We remand for resentencing.

The state concedes that the trial court exceeded its statutory authority in ordering restitution for more than the two months for which defendant was convicted, because defendant’s criminal liability for the remaining 26 months of nonsupport arrearages was never established.…