Court of Appeals of Oregon, 1992

State v. Prentice

State v. Prentice
Court of Appeals of Oregon · Decided February 26, 1992 · Deits, Durham, Joseph
111 Or. App. 639; 825 P.2d 295; 1992 Ore. App. LEXIS 395

State v. Prentice

Opinion of the Court

PER CURIAM

Defendant pled guilty to a charge of racketeering. ORS 166.720. Imposition of sentence was suspended, and he was placed on probation for 5 years, subject to certain conditions, among which was that he pay restitution. Subsequently, as a result of a probation violation, probation was extended for another year. Two months before probation was to expire, the court, evidently concerned that the expiration would leave a large amount of the restitution unpaid, entered a judgment purporting to “convert” the unpaid restitution to a compensatory fine.

The state concedes that there is no authority that authorizes a court to convert the outstanding balance of unpaid restitution to a compensatory fine at the expiration of probation. We accept the concession.

Judgment for compensatory fine vacated; otherwise affirmed.

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