State v. Foltz

Defendant was convicted on a plea of guilty in the district court to a charge of attempted theft in the second degree ($120). The district judge sentenced him to be placed on probation for four and one-half years upon several conditions, including:

“3. To make restitution for money received from the welfare department in the amount of $2600.00; payments to be in the amount specified by his Probation Officer and to be completed within 3y2 years.”

Defendant appealed from the district court’s order and judgment to the circuit court under ORS 138.050, upon the ground that the judgment was…