STATE v. GREGORY, 149 Or. App. 769 (1997)

945 P.2d 593

95-09-7648C; CA A94018 (Control) C96-05-5141; CA A94019 Cases ConsolidatedOregon Court of Appeals.Submitted on record and briefs June 30, 1997
Vacated in part; otherwise affirmed September 10, 1997

Appeal from the Circuit Court, Malheur County, J. Burdette Pratt, Judge.

Sally L. Avera, Public Defender, and Louis R. Miles, Deputy Public Defender, filed the brief for appellant.

Hardy Myers, Attorney General, Virginia L. Linder, Solicitor General, and Jonathan H. Fussner, Assistant Attorney General, filed the brief for respondent.

Page 769-a

Before Deits, Chief Judge, and De Muniz and Haselton, Judges.

PER CURIAM

That portion of the judgment in trial court case no. 95-09-7648C ordering restitution for lost wages to victim’s relatives vacated; otherwise affirmed.

Page 769-b

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PER CURIAM

Defendant was convicted of endangering the welfare of a minor, ORS 163.575, and sexual abuse in the second degree, ORS 163.425. As a part of his sentence for sexual abuse, he was ordered to pay restitution of $720 to the victim’s mother and two other adult relatives for wages that they lost when they accompanied the victim to defendant’s court appearances. Defendant appeals that portion of the judgment ordering restitution for lost wages.[1]

The state concedes that the trial court erred in ordering defendant to pay restitution to the victim’s relatives for lost wages. We agree that the court lacked authority under ORS 137.103 to impose the restitution for lost wages. State v. Barkley, 315 Or. 420, 846 P.2d 390, cert den 510 U.S. 837 (1993). Accordingly, we remand to the trial court with instructions to enter an amended judgment.

That portion of the judgment in trial court case no. 95-09-7648C ordering restitution for lost wages to victim’s relatives vacated; otherwise affirmed.

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