State v. Rosas

Defendant was convicted of waste of game. ORS 498.042(2); OAR 635-65-750(2). He appeals his sentence, contending that the trial court erred by ordering him to pay $400 in restitution. We vacate the provision for restitution.

Defendant lawfully killed a deer. He stored the front part of the deer in a refrigerator, but left the hindquarters unrefrigerated. Trooper Hale contacted defendant after receiving a complaint about the deer and observed mold and maggots on the unrefrigerated hindquarters. On the basis of that observation, he cited defendant for waste of game and confiscated the…