State v. Kacin

Defendant appeals an order revoking her probation, based on her failure to pay restitution. She argues that the trial court erred in revoking probation based solely on her late payment of restitution. We agree and reverse and remand.

The facts are not in dispute. After she embezzled almost $136,000 from her employer, defendant was charged with aggravated first-degree theft, ORS 164.057. Following a guilty plea, defendant was convicted, and she was placed on probation for five years — three years of supervised probation and two years of court probation. She paid the victim $7,500 in restitution…