State v. Kipp, 8099
Decision Date | 29 June 1981 |
Docket Number | No. 8099,8099 |
Citation | 630 P.2d 394,52 Or.App. 1011 |
Parties | STATE of Oregon, Respondent, v. Darrel Wayne KIPP, Appellant. ; CA 19898. |
Court | Oregon Court of Appeals |
Marilyn C. McManus, Deputy Public Defender, Salem, argued the cause for appellant. With her on the brief was Gary D. Babcock, Public Defender, Salem.
Virginia L. Linder, Asst. Atty. Gen., argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.
Before GILLETTE, P. J., and ROBERTS and YOUNG, JJ.
In this appeal from convictions for robbery in the third degree, theft in the first degree, and assault in the fourth degree, we discuss only defendant's claim that the court erred in setting certain conditions of defendant's parole.
The judgment order states:
Defendant does not challenge the court's authority, pursuant to ORS 137.106, to require defendant to make restitution to the victim. Neither does defendant challenge the court's authority, pursuant to ORS 161.665, 1 to impose costs, including attorney fees, as part of the sentence. However, defendant argues the court could not set those requirements "as conditions for parole."
ORS 144.275 provides:
ORS 137.106 provides:
Defendant is correct that the court cannot make the payment of restitution and costs a condition of parole. However, because the court may order restitution and payment of costs, we interpret this judgment order to suspend payment...
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State v. Davis
...incarceration. 1 We agree that the trial court was without authority to order restitution as a condition of parole. State v. Kipp, 52 Or.App. 1011, 1014, 630 P.2d 394 (1981). However, we interpret the judgment to order defendant to pay restitution as part of his sentence but to suspend paym......
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State v. Gaines
...672 (1990). A sentencing court has no authority to order a defendant to pay restitution as a condition of parole, State v. Kipp, 52 Or.App. 1011, 1014, 630 P.2d 394 (1981), and it should not. The court, however, has authority to impose a sentence to pay restitution. ORS 137.106. We interpre......
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State v. Reed
...is that the trial court lacked authority to impose restitution as a condition of her parole. She is correct, State v. Kipp, 52 Or.App. 1011, 630 P.2d 394 (1981); that condition is to be treated as a recommendation by the court to the Parole Board and, as such, can have no binding effect. St......
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State v. Duff
...as defendant contends, that the sentencing court does not have authority to set conditions of parole, ORS 144.270(2); State v. Kipp, 52 Or.App. 1011, 630 P.2d 394 (1981), the court does have authority to make a non-binding recommendation to the Parole Board. That is all the sentencing order......