State v. Belander

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Remedies
  • Date Filed: 09-30-2015
  • Case #: A152171
  • Judge(s)/Court Below: Flynn, J. For the Court; Nakamoto, P.J.; Egan, J.
  • Full Text Opinion

When a person is convicted of a crime that results in economic damages, they can forced to pay restitution, which is a specific amount that equals the full amount of the victim’s economic damages as determined by the court. Economic damages include objectively verifiable monetary losses including reasonable and necessarily incurred costs due to loss of use of property and reasonable costs incurred for repair or for replacement of damaged property, whichever is less.

Defendant appealed a the trial court’s imposition of restitution in the amount of $3,084, arguing that the record lacked evidence to support that restitution award. Defendant asserted the trial court committed plain error by ordering restitution not supported by the evidence. The state argued that any error with respect to Defendant’s restitution award is not plain on the face of the record. The Court explained that the record was devoid of any evidence for either the original request of $7,000 or the reduced figure of $3,000. The only specific dollar figure mentioned at trial was $1,000, and there was no further evidence that would help a fact finder to understand what amount over $1,000, whether it be $1,100 or $7,000, was a more accurate valuation. Remanded for resentencing; otherwise affirmed.

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