State v. Kochajda

Defendant pled guilty and was convicted of manufacture of a controlled substance. ORS 166.270. He appeals from an amended judgment, which suspended imposition of sentence and placed him on probation, one of the conditions of which required that he pay $3,273.60 for a real estate commission as restitution. We review to determine whether the disposition exceeds the maximum allowable by law, ORS 138.050; see also State v. Anderson, 113 Or App 416, 833 P2d 321 (1992), and vacate the order of restitution.

On March 10, 1988, defendant entered into a contract to purchase a house from Kniep. The…