State v. Gaines

The majority states:

“The state responds that defendant waived his right to object to the imposition of restitution because he failed to object at the sentencing hearing. We may, however, consider an error not preserved below, if it is apparent on the face of the record. ORAP 5.45(2). We will do so here.” 103 Or App at 647.

In State v. Carpenter, 101 Or App 489, 791 P2d 145, rev den 310 Or 393 (1990), we relied on a line of cases, including State v. Keys, 41 Or App 379, 597 P2d 1266 (1979), and held that, by failing to exercise a statutory right to be heard, the defendant waived his right to…