State v. Nelson

Court of Appeals of Oregon

State v. Nelson

874 P.2d 108, 127 Or. App. 741

CourtCourt of Appeals of Oregon

DecidedMay 4, 1994

Docket91CR0627 CA A74368

StatusPublished

Cited by3 cases

This text of 874 P.2d 108 (State v. Nelson) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Nelson, 874 P.2d 108, 127 Or. App. 741 (Or. Ct. App. 1994).

Pincite

Opinion

874 P.2d 108 (1994) 127 Or. App. 741

STATE of Oregon, Respondent,
v.
Wallace Eric NELSON, aka Walter Eric Neil, Appellant.

91CR0627; CA A74368.

Court of Appeals of Oregon.

Argued and Submitted July 27, 1993. Decided May 4, 1994.

Ingrid A. MacFarlane, Deputy Public Defender, argued the cause, for appellant. With her on the brief was Sally L. Avera, Public Defender.

Jonathan H. Fussner, Asst. Atty. Gen., argued the cause, for respondent. With him on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Before DEITS, P.J., and RIGGS^[*] and De MUNIZ, JJ.

PER CURIAM.

Defendant, after pleading no contest, was convicted of burglary in the first degree. ORS 164.225. He appeals from the judgment requiring him to pay restitution in the amount of $10,000 to the Crime Victim's Compensation Program. However, an order *109 of restitution is part of a defendant's sentence. State v. Hart, 299 Or. 128, 140-41, 699 P.2d 1113 (1985); see also ORS 137.106 ("In addition to any other sentence it may impose, the court may order that the defendant make restitution to the victim."). Because defendant's sentence is the result of a negotiated plea, it is not reviewable by this court under the version of ORS 138.222(2)(d) in effect at the time of his sentence. State v. George, 127 Or.App. 581, 873 P.2d 468 (1994).

Affirmed.

NOTES

[*] Riggs, J., vice Durham, J.

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874 P.2d 108 (1994) 127 Or. App. 741

STATE of Oregon, Respondent,
v.
Wallace Eric NELSON, aka Walter Eric Neil, Appellant.

91CR0627; CA A74368.

Court of Appeals of Oregon.

Argued and Submitted July 27, 1993. Decided May 4, 1994.

Ingrid A. MacFarlane, Deputy Public Defender, argued the cause, for appellant. With her on the brief was Sally L. Avera, Public Defender.

Jonathan H. Fussner, Asst. Atty. Gen., argued the cause, for respondent. With him on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Before DEITS, P.J., and RIGGS^[*] and De MUNIZ, JJ.

PER CURIAM.

Defendant, after pleading no contest, was convicted of burglary in the first degree. ORS 164.225. He appeals from the judgment requiring him to pay restitution in the amount of $10,000 to the Crime Victim's Compensation Program. However, an order *109 of restitution is part of a defendant's sentence. State v. Hart, 299 Or. 128, 140-41, 699 P.2d 1113 (1985); see also ORS 137.106 ("In addition to any other sentence it may impose, the court may order that the defendant make restitution to the victim."). Because defendant's sentence is the result of a negotiated plea, it is not reviewable by this court under the version of ORS 138.222(2)(d) in effect at the time of his sentence. State v. George, 127 Or.App. 581, 873 P.2d 468 (1994).

Affirmed.

NOTES

[*] Riggs, J., vice Durham, J.

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Bluebook (online)

874 P.2d 108, 127 Or. App. 741, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-nelson-orctapp-1994.

Opinion

STATE of Oregon, Respondent, v. Wallace Eric NELSON, aka Walter Eric Neil, Appellant.

NOTES

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Cite This Page — Counsel Stack

STATE of Oregon, Respondent,
v.
Wallace Eric NELSON, aka Walter Eric Neil, Appellant.