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· 11/29/1995

State v. Qualey

Citations

  • 906 P.2d 835
  • 138 Or. App. 74
  • 1995 Ore. App. LEXIS 1644

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • “In assessing a compensatory fine, a court need not expressly find that a defendant is able to pay; it need only consider defendant’s ability to pay. ORS 161.645.” (Emphasis in original.)
  • trial court must consider defendant’s ability to pay when imposing compensatory fine
  • over- turning a probation condition that prohibited the defendant, who was convicted of assault, from using intoxicants where “there appear[ed] to be no connection between [the] defen- dant’s inability to control his temper and his possession or consumption of intoxicants”
  • condition prohibiting the defendant from using intoxicants was unjustified because the record included no evidence that the consumption of alcohol had any bearing on the defendant’s crime and no evidence that the defendant had a past history of alcohol-related problems

Source: CourtListener parenthetical corpus (CC0).

Judges: Riggs, Landau, Leeson

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.