Public-domain · open source
OpenJurist

111 Or. App. 639

State v. Prentice

Court of Appeals of Oregon

Decided February 26, 1992

Court of Appeals of Oregon · decided 1992-02-26

Applies OR 166 § 166.720

Decided 1992-02-26

PER CURIAM

¶1Defendant pled guilty to a charge of racketeering. ORS 166.720. Imposition of sentence was suspended, and he was placed on probation for 5 years, subject to certain conditions, among which was that he pay restitution. Subsequently, as a result of a probation violation, probation was extended for another year. Two months before probation was to expire, the court, evidently concerned that the expiration would leave a large amount of the restitution unpaid, entered a judgment purporting to “convert” the unpaid restitution to a compensatory fine.

¶2The state concedes that there is no authority that authorizes a court to convert the outstanding balance of unpaid restitution to a compensatory fine at the expiration of probation. We accept the concession.

¶3Judgment for compensatory fine vacated; otherwise affirmed.

/111/orapp/639 · .json · Public domain