State v. Larrance

Defendant appeals the trial court’s imposition of restitution, claiming that the court failed to comply with the statutory requirements of ORS 137.106. We remand for resentencing on the issue of restitution.

Defendant pleaded guilty to three counts of arson in the first degree. ORS 164.325. During sentencing, defendant objected to the amount of restitution requested by the state, $80,623.91, arguing that defendant had a history of earning only minimum wage, was $13,000 in debt, and had no ability to pay. That is the extent of the record on the issue of restitution.

ORS 137.106 provides, in part: