State v. Gammond

Defendant pled guilty to the misdemeanor of negotiating a bad check. ORS 165.065. Imposition of sentence was suspended and she was placed on probation for five years on the condition that she obtain a loan against her house within six months in order to pay restitution of $3,880.95 for 29 bad checks. Although she accepts the condition that she pay restitution, she contends that the trial court erred in specifically directing her to borrow money against her house in order to satisfy that condition. We agree and modify the order.

The general rule is that a condition of probation that is not…