State v. Nichols

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Criminal Law
  • Date Filed: 10-19-2016
  • Case #: A158579
  • Judge(s)/Court Below: Sercombe, P.J. for the Court; Flynn, J.; DeHoog, J.
  • Full Text Opinion

Under ORS 137.101(1) the court is authorized to order the state to share a portion of a penalty fine with a victim of an offense.

Defendant appealed a judgment convicting him of second-degree theft, contending that the trial court plainly erred in imposing a $3,000 compensatory fine. Under ORS 161.635, a sentencing court may impose a fine up to $6250 for a Class A misdemeanor. Under ORS 137.101(1,) the court is authorized to order the state to share a portion of a penalty fine with a victim of the offense. In this case the court imposed a $250 punitive fine under ORS 161.635 and ordered Defendant to pay a $3,000 compensatory fine under ORS 137.101(1). The only fine that could be assessed in this case is a punitive fine under ORS 161.135(1) and it was an error to assess additional fines. Reversed and remanded for sentencing; otherwise affirmed.

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