State v. Edson

WARREN, R J.

Defendant pled guilty to attempted assault in the second degree, ORS 163.175 and ORS 161.405, and was sentenced to 36 months probation and ordered to pay restitution. She assigns error to the trial court’s judgment ordering her to pay $20,552.41 in restitution within 24 months, even though the court expressly found that she would never have the ability to pay. 1 We vacate the restitution provision of the judgment.

On appeal, defendant argues, citing State v. Jones, 124 Or App 489, 863 P2d 480 (1993), that the trial court imposed restitution without properly “considering” her…