State v. Reed

• Decision Date: 09 November 1981
• Docket Number: No. 78-09-15105,78-09-15105
• Citation: 54 Or.App. 671,635 P.2d 679
• Parties: STATE of Oregon, Respondent, v. Gloria J. REED, aka Gloria Jean Harper, Appellant. ; CA 19709.
• Court: Oregon Court of Appeals

Page 679

635 P.2d 679

54 Or.App. 671

STATE of Oregon, Respondent, v. Gloria J. REED, aka Gloria Jean Harper, Appellant.

No. 78-09-15105; CA 19709.

Court of Appeals of Oregon.

Argued and Submitted July 10, 1981.

Decided Nov. 9, 1981.

Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for appellant.

Richard David Wasserman, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

Before BUTTLER, P.J., and JOSEPH, C.J., and WARREN, J.

PER CURIAM.

Defendant appeals the sentencing order entered by the trial court following revocation of her probation, which she was granted after she pled guilty to unlawfully obtaining food stamps assistance. She makes two contentions, one of which was not raised in the trial court and will not be considered here for the first time. State v. Evans, 290 Or. 707, 625 P.2d 1300 (1981).

Defendant's other contention 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. State v. O'Keefe, 40 Or.App. 685, 596 P.2d 987, rev. den. 288 Or. 81 (1979).

Affirmed.