State v. Butler

PER CURIAM

The state concedes that the trial court erred when it refused to schedule a hearing, on defendant’s request, on the imposition of restitution, ORS 137.106(3), and delegated to the probation officer the responsibility for determining the amount of restitution required and the payment schedule. State v. Randolph, 49 Or App 399, 619 P2d 680 (1980).

Sentence vacated and cause remanded for resentencing, with instructions to schedule a hearing on the imposition of restitution.