Opinion
No. 111,962, CA 15246
Argued and submitted January 23, 1980
Affirmed February 11, 1980
Appeal from Circuit Court, Marion County.
Wallace C. Carson, Jr., Judge.
David W. Hittle, and Olsen, Hittle, Gardner Evans, Salem, filed the brief for appellant.
Robert C. Cannon, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were James A. Redden, Attorney General, and Walter L. Barrie, Solicitor General, Salem.
Before Joseph, Presiding Judge, and Lee and Richardson, Judges.
PER CURIAM
Affirmed.
Defendant was convicted of assault in the first degree (ORS 163.185) on a plea of no contest. He was sentenced to a term of four years and, upon his release, to make $4,179.30 restitution to the State Accident Insurance Fund's Crime Victim's Compensation account. See ORS ch 147. On appeal he challenges the restitution order on the ground that SAIF is not a person within the meaning of the restitution statute. ORS 137.103. The challenge to the restitution order was not raised in the trial court, and it was therefore waived. State v. Keys, 41 Or. App. 379, 597 P.2d 1266 (1979).
Affirmed.