State v. Ignacio Gutierrez

A jury convicted defendant of felony fleeing or attempting to elude a police officer. ORS 811.540(l)(b)(A). At sentencing, the trial court ordered defendant to pay restitution for damage that he caused to a police car while attempting to flee. The court also imposed 36 months’ probation, twice the presumptive probation sentence. On appeal, defendant does not challenge his conviction, but he argues that the court failed to consider his financial circumstances before ordering him to pay restitution. He also argues that his probationary sentence is unlawful under State v. Wedge, 293 Or 598, 652…