Public-domain · open source
OpenJurist

103 Or. App. 638

State v. Patterson

Court of Appeals of Oregon

Decided October 10, 1990

Court of Appeals of Oregon · decided 1990-10-10

Applies OR 137 § 137.010 · OR 164 § 164.315

Decided 1990-10-10

PER CURIAM

¶1Defendant pleaded guilty to arson. ORS 164.315. He was placed on five years’ probation and ordered to pay restitution. The term of the probation would.have ended on January 15, 1990. At a January 4, 1990, hearing, the trial court, after finding that defendant had paid less than the total restitution ordered,1 ordered him to continue making restitution payments and extended his probation for one year.

¶2The state concedes error. Defendant was not accused of having violated any condition of probation and was not found to have violated any condition. The trial court lacked statutory authority to extend the probation term, which has now expired. ORS 137.555(1); former ORS 137.010(3) (now ORS 137.010(4)).

¶3Reversed.

¶4 He had satisfied all the terms of his probation, including the payment of restitution at the rate of $40 per month.

/103/orapp/638 · .json · Public domain