Opinion
78-09-15105, CA 19709
Argued and submitted July 10, 1981
Affirmed November 9, 1981
Appeal from Circuit Court, Multnomah County.
George A. Van Hoomissen, Judge.
Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for appellant.
Richard David Wasserman, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Attorney General, and William F. Gary, Solicitor General, Salem.
Before Buttler, Presiding Judge, and Joseph, Chief Judge, and Warren, J.
PER CURIAM.
Affirmed.
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.