STATE v. BISCOTTI

040532669; A127608.

182 P.3d 269 (2008)

219 Or. App. 296

STATE of Oregon, Plaintiff-Respondent, v. Carlena E. BISCOTTI, Defendant-Appellant.

Court of Appeals of Oregon.

Decided April 16, 2008.


Attorney(s) appearing for the Case

David Ferry, Deputy Public Defender, argued the cause for appellant. With him on the brief were Peter A. Ozanne, Executive Director, Office of Public Defense Services, and Peter Gartlan, Chief Defender, Legal Services Division.

Doug M. Petrina, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before LANDAU, Presiding Judge, and BREWER, Chief Judge, and ORTEGA, Judge.


LANDAU, P.J.

ORS 137.106(1)(b) provides that, for "good cause," the trial court may extend the time within which it may enter judgment requiring a defendant to pay restitution. At issue in this case is what constitutes "good cause." The court concluded that the state's admitted carelessness in failing to prove restitution earlier amounts to "good cause." Defendant appeals, arguing that the state's carelessness cannot amount to good cause for a delay. We agree with...

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