STATE v. HUYCK

No. 10-80-02559; CA 18085.

621 P.2d 98 (1980)

49 Or.App. 1087

STATE of Oregon, Respondent, v. Helen Rita HUYCK, Appellant.

Court of Appeals of Oregon.

Decided December 29, 1980.


Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

John C. Bradley, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James M. Brown, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., and William F. Gary, Deputy Sol. Gen., Salem.

Before GILLETTE, P.J., and ROBERTS and CAMPBELL, JJ.


CAMPBELL, Judge.

Defendant entered a plea of guilty to a charge of theft in the first degree. She was sentenced to pay restitution in the amount of $2,975 and costs in the amount of $150. She claims the trial court erroneously ordered her to pay these amounts because it failed to take into account her ability to pay them.

In determining whether to order restitution, the trial court must take into account the financial resources of the defendant and the burden...

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