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State v. Hobson

Oregon Court of Appeals
May 27, 1992
831 P.2d 722 (Or. Ct. App. 1992)

Opinion

881411M, 900557M; CA A71391 (Control), CA A71392

Submitted on record and briefs April 27, 1992

Convictions affirmed; remanded for resentencing May 27, 1992

Appeal from District Court, Josephine County.

Alan H. Coon, Judge pro tempore.

Sally L. Avera, Public Defender, and James N. Varner, Deputy Public Defender, Salem, filed the brief for appellant.

Charles S. Crookham, Attorney General, Virginia L. Linder, Solicitor General, and Janie M. Burcart, Assistant Attorney General, Salem, filed the brief for respondent.

Before Warren, Presiding Judge, and Joseph, Chief Judge, and Edmonds, Judge.


PER CURIAM

Convictions affirmed; remanded for resentencing.


Defendant was found guilty of public indecency. ORS 163.465. The trial court suspended imposition of sentence and placed him on probation for 5 years. In addition to the general conditions of probation, the court imposed several special conditions, including a requirement that defendant pay up to $10,000 for counseling costs for the victim.

The state concedes that the trial court erred in imposing restitution. There was no showing that defendant was able to pay restitution, and no specific amount of restitution was set by the court. Moreover, the victim did not appear at the sentencing and, without her testimony, there is insufficient evidence of a causal connection between defendant's offense and the need for counseling. We accept the concession.

Conviction affirmed; remanded for resentencing.


Summaries of

State v. Hobson

Oregon Court of Appeals
May 27, 1992
831 P.2d 722 (Or. Ct. App. 1992)
Case details for

State v. Hobson

Case Details

Full title:STATE OF OREGON, Respondent, v. MICHAEL LEE HOBSON, Appellant. (Cases…

Court:Oregon Court of Appeals

Date published: May 27, 1992

Citations

831 P.2d 722 (Or. Ct. App. 1992)
831 P.2d 722