State v. Kesch

Defendant appeals from an order of restitution entered in his absence. The only issue is whether defendant waived his statutory right to be present at all stages of a trial, including sentencing. See ORS 137.030, ORS 137.040 and ORS 137.106. We reverse and remand for resentencing.

Defendant pled guilty on December 18,1995, to burglary in the first degree and was sentenced to 24 months in prison. During sentencing, the state requested restitution. Defendant objected because the restitution amount lacked documentation. The trial judge postponed sentencing on restitution until the necessary…