State v. Herfurth

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Remedies
  • Date Filed: 12-30-2016
  • Case #: A153632
  • Judge(s)/Court Below: Duncan, P.J. for the Court; Lagesen, J; & Flynn, J.
  • Full Text Opinion

Restitution statutes establish that a trial court is required to order a defendant to pay a victim restitution for the full amount of the victim’s economic damages, unless the victim consents to a lesser amount.

Defendant asserts the trial court erred by ordering him to pay restitution for attorney fees incurred by the victim’s family and for the cost of a sexual abuse evaluation. A trial court is required to order a defendant to pay restitution to a victim in the full amount of the victims economic damages, unless the victim consents to a lesser amount. Restitution statutes establish that a trial court is required to order a defendant to pay a victim restitution for the full amount of the victim’s economic damages, unless the victim consents to a lesser amount. “Victim” includes a person who has suffered economic damages as a result defendant’s criminal activity. “Economic damages” are objectively verifiable monetary losses. The trial court did not err in ordering defendant to pay restitution for the attorney fees, but did err in ordering to pay for the costs of the evaluation. Remanded for resentencing; otherwise affirmed.

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