State v. Gutierrez-Medina

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Criminal Law
  • Date Filed: 08-16-2017
  • Case #: A157141
  • Judge(s)/Court Below: Armstrong, P.J. for the Court; Egan, J.; & Shorr, J.
  • Full Text Opinion

Under ORS 137.106, comparative fault is not a factor in the restitution analysis from a criminal conviction. State v. Ramos, 358 Or 581, 368 P3d 446 (2016).

Defendant appealed a judgment of conviction for DUII and third degree assault. Defendant assigned error to the trial court’s order of restitution to the victim. On appeal, Defendant argued that the court should have considered comparative fault in its determination of restitution. Under ORS 137.106, comparative fault is not a factor in the restitution analysis from a criminal conviction. State v. Ramos, 358 Or 581, 368 P3d 446 (2016). The Court of Appeals held that the trial court did not err in ordering Defendant to pay restitution to the victim because comparative fault is not a factor in criminal restitution analyses. Affirmed.

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