- Court: Oregon Court of Appeals
- Area(s) of Law: Criminal Law
- Date Filed: 03-29-2017
- Case #: A154144
- Judge(s)/Court Below: Ortega, P.J. for the Court; Lagesen, J.; & Garrett, J.
- Full Text Opinion
Defendant appealed his conviction for first-degree sexual abuse and second-degree sodomy. He assigned error to the trial court's admission of evidence of prior uncharged sexual conduct (prior bad acts) against the same victim and imposition of $85,611.73 in restitution damages. Defendant presented three arguments against the prior bad acts evidence, none of which were properly presented to the trial court below and preserved for appeal, so the Court affirmed the trial court's admission of the prior bad acts evidence. As to the restitution, Defendant argued that there was insufficient evidence of a causal connection between Defendant's conduct and M's mental and substance abuse treatment because of the impact of M's mother's alcoholism. In order to award restitution, there must have been "(1) criminal activities, (2) [economic] damages, and (3) a causal relationship between the two." State v. Kirkland, 268 Or App 420 (2015). The Court held that there was sufficient evidence to support the retribution because the relative impact of the mother's alcoholism and Defendant's criminal acts were not separable; M was vulnerable and Defendant took advantage of him. Affirmed.