State v. Smith

Defendant appeals his conviction, after a trial to the court on stipulated facts, for criminal mischief in the third degree. ORS 164.345. The court placed him on five years probation; one condition of probation is that he pay restitution of $405. Defendant’s sole contention is that the trial court failed to consider his financial resources before imposing restitution.

The state contends that defendant’s assignment of error is not reviewable under ORS 138.040, which it argues limits review of a sentence to whether it exceeds the maximum allowable by law or is unconstitutionally cruel and…