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State v. Landreth

Summarized by: 

Date Filed: 11-02-2011
Case #: A143055
Rosenblum, S.J.; Ortega P.J & Sercombe, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/A143055.pdf

Criminal Procedure: Good cause to extend the deadline for the imposition of a supplemental judgment exists when the motion is filed within the time period, and further investigation to establish the specific amount of restitution is required.

Defendant was convicted of unauthorized use of a vehicle. The crime resulted in economic damages to the victim, and the statute provides that restitution may be imposed by the court in a supplemental judgment within 90 days of entry of judgment. The court may extend the time period for good cause. In this case, the hearing was held 98 days after entry of judgment. The Court of Appeals found that the trial court properly extended the time period for good cause because the victim had been recently diagnosed with Parkinson’s Disease and was hospitalized; and the extension was necessary to determine the specific amount of restitution damages. Furthermore, the motion for supplemental judgment was filed on July 8, within the 90 day time period. Where a prosecutor’s motion is filed outside the time period, or due to “inadvertence or neglect” such inattentiveness does not constitute good cause. However, where the motion is properly filed within the time period, and only the hearing occurred outside of the deadline due to court scheduling, a trial court has good cause to extend the time. Affirmed.