State v. Usher

Court of Appeals of Oregon

State v. Usher

552 P.2d 1345, 26 Or. App. 489, 1976 Ore. App. LEXIS 1736

CourtCourt of Appeals of Oregon

DecidedAugust 16, 1976

DocketNo. C-75-09-3000, CA 5958

StatusPublished

Cited by2 cases

This text of 552 P.2d 1345 (State v. Usher) 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. Usher, 552 P.2d 1345, 26 Or. App. 489, 1976 Ore. App. LEXIS 1736 (Or. Ct. App. 1976).

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Opinion

SCHWAB, C. J.

Defendant was convicted of attempted sodomy in the first degree, ORS 161.405(1),¹ ORS 163.405,² and was placed on probation. One of the conditions of the probation order was that defendant pay $3,000 as "restitution” to the victim. This represents a sum greater than any expenses involved.

On appeal defendant makes two assignments of error. The first — that there was no evidence of attempted "forcible compulsion” — is contrary to the record. The second — that the court exceeded its authority in directing the defendant to pay $3,000 to the victim — is correct. State v. Stalheim, 275 Or 683, 552 P2d 829 (1976).

Remanded for resentencing.

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SCHWAB, C. J.

Defendant was convicted of attempted sodomy in the first degree, ORS 161.405(1),¹ ORS 163.405,² and was placed on probation. One of the conditions of the probation order was that defendant pay $3,000 as "restitution” to the victim. This represents a sum greater than any expenses involved.

On appeal defendant makes two assignments of error. The first — that there was no evidence of attempted "forcible compulsion” — is contrary to the record. The second — that the court exceeded its authority in directing the defendant to pay $3,000 to the victim — is correct. State v. Stalheim, 275 Or 683, 552 P2d 829 (1976).

Remanded for resentencing.

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Bluebook (online)

552 P.2d 1345, 26 Or. App. 489, 1976 Ore. App. LEXIS 1736, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-usher-orctapp-1976.

Opinion

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