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State v. Condon

Summarized by: 

Date Filed: 11-02-2011
Case #: A143750
Ortega, P.J., and Sercombe, J., and Rosenblum, SJ.
Full Text Opinion: http://www.publications.ojd.state.or.us/A143750.pdf

Criminal Procedure: The 90-day timeline established by Oregon's criminal restitution statute may be extended for good cause.

Defendant was convicted of first-degree assault. On appeal, defendant argued that because it took longer than 90 days for the victim's family to compile medical bills and speak with the prosecutor to schedule a restitution hearing, the trial court's imposition of restitution was improper. The Court of Appeals found that the delay was not caused by the prosecution, but rather because the victim's mother was diligently trying to gather all of the information, which took over a month. The Court held that it was reasonable to extend the timeline because of the difficulty in obtaining information, the gravity of the injuries involved, and the need for the victim to be compensated. Affirmed.