Willamette Law Online

Oregon Court of Appeals


ListPreviousNext


State v. Jordan

Summarized by: 

Date Filed: 03-28-2012
Case #: A142812
Wollheim, J., for the Court; Schuman, P.J.; and Nakamoto, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/Publications/A142812.pdf

Criminal Procedure: Under ORS 137.106(1)(a), the appropriate cut-off date for restitution is the date imposed by the sentencing court, and the trial court may award restitution for income lost up until that date.

Defendant appealed a supplemental judgment for restitution damages entered against him. He pled guilty to DUII and second-degree assault, and the trial court ordered him to pay restitution damages to the victim under ORS 137.106. The restitution must be in the form of "economic damages," as defined in ORS 31.710(2). On appeal, Defendant contends that the restitution did not meet the requirements of "economic damages". The Court of Appeals found that Defendant's arguments to the trial court were not preserved on appeal. The only issue that Defendant preserved for appeal was a timing issue of when the victim's impairment becomes a future impairment. The Court determined that the appropriate cut-off date for restitution is the date imposed by the sentencing court and that the trial court did not err in awarding restitution for income lost up to the date of the hearing; the amount imposed was reasonable. Affirmed.