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State v. Schroeder

Oregon Court of Appeals
Sep 18, 1985
706 P.2d 558 (Or. Ct. App. 1985)

Opinion

24,880; CA A33352

Argued and submitted May 3, 1985.

Affirmed as modified September 18, 1985.

Appeal from Circuit Court, Marion County, Albin W. Norblad, Judge.

Stephen E. A. Sanders, Certified Law Student, Salem, argued the cause for appellant. With him on the brief was John W. Jensen, Salem.

Douglas F. Zier, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Attorney General, and James E. Mountain, Jr., Solicitor General, Salem.

Before Richardson, Presiding Judge, and Warden and Newman, Judges.


PER CURIAM

Order modified by deleting requirement of restitution; affirmed as modified.


Defendant, a juvenile, was committed to the custody of Children's Services Division for placement in a juvenile training school. After she was paroled, the juvenile court entered an order requiring her to pay restitution. We decided in State ex rel Juv. Dept. v. Lessaos, 64 Or. App. 626, 669 P.2d 339 (1983), and State ex rel Juv. Dept. v. Kreinbring, 64 Or. App. 630, 669 P.2d 340 (1983), that, under ORS 419.507(1)(a), which authorizes the juvenile court to impose restitution as a condition of probation, the court may not order restitution when it has committed the defendant to a juvenile training school, because a commitment is not probation. Those decisions are controlling.

Order modified by deleting requirement of restitution; affirmed as modified.


Summaries of

State v. Schroeder

Oregon Court of Appeals
Sep 18, 1985
706 P.2d 558 (Or. Ct. App. 1985)
Case details for

State v. Schroeder

Case Details

Full title:In the Matter of Ester Schroeder, a Child. STATE ex rel JUVENILE…

Court:Oregon Court of Appeals

Date published: Sep 18, 1985

Citations

706 P.2d 558 (Or. Ct. App. 1985)
706 P.2d 558