- Court: Oregon Court of Appeals
- Area(s) of Law: Sentencing
- Date Filed: 07-11-2012
- Case #: A136645
- Judge(s)/Court Below: Duncan, J. for the Court; Armstrong, P.J.; and Haselton, C.J.
- Full Text Opinion
Defendant appealed her jury conviction. Defendant used a Visa credit card, issued in the name of her boyfriend’s dead mother, to make unauthorized purchases totaling $11,366.38. The purchases included lottery tickets; one of which was a $1 million dollar winner. At court, Defendant pled no contest to first degree aggravated theft, first degree forgery, and cheating. On the two criminal forfeiture counts, Defendant waived her right to a jury trial and tried them on stipulated evidence. Defendant conceded that, pursuant to ORS 131.550 and 131.604, her lottery winnings were subject to forfeiture; however, Defendant contended that the State’s request for $960,000 in forfeiture costs violated the Excessive Fines Clause of the 8th Amendment of the United States Constitution. The trial court rejected Defendant’s assertion and ordered the $960,000 fine. Defendant appealed and the Court of Appeals affirmed, holding that separating the Defendant from the financial proceeds of her crime was an appropriate punishment because the proceeds were a direct result of her criminal conduct. Affirmed.