State v. Patterson
This text of 797 P.2d 1080 (State v. Patterson) 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.
Opinion
Defendant pleaded guilty to arson. ORS 164.315. He was placed on five years’ probation and ordered to pay restitution. The term of the probation would.have ended on January 15, 1990. At a January 4, 1990, hearing, the trial court, after finding that defendant had paid less than the total restitution ordered,1 ordered him to continue making restitution payments and extended his probation for one year.
The state concedes error. Defendant was not accused of having violated any condition of probation and was not found to have violated any condition. The trial court lacked statutory authority to extend the probation term, which has now expired. ORS 137.555(1); former ORS 137.010(3) (now ORS 137.010(4)).
Reversed.
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Cite This Page — Counsel Stack
797 P.2d 1080, 103 Or. App. 638, 1990 Ore. App. LEXIS 1319, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-patterson-orctapp-1990.