Willamette Law Online

Oregon Court of Appeals


State v. Onishchenko

Summarized by: 

Date Filed: 04-25-2012
Case #: A145065
Duncan, J. for the Court; Ortega, P.J.; and Brewer, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/Publications/A145065.pdf

Evidence: In order to establish the amount of a compensatory fine, the market value of a chattel may be ascertained through the testimony of the owner, unless it is shown that the owner does not have knowledge of the market value of the item.

Defendant was convicted of aggravated theft in the first degree, and appealed a compensatory fine of $102,413.04. Defendant pled guilty to stealing over 1,500 pairs of new shoes that were stored in Savoy's warehouse. Defendant sold the shoes to secondhand retail stores, and many of the stolen shoes were not recovered or could not be sold as new. The trial court established that the shoes were worth their market value when Defendant stole them, which is what Savoy had paid for them. The market value can be determined through the owner's testimony, as long as he reasonably has such knowledge. The Court of Appeals held that there was sufficient evidence on the record to establish the amount of economic harm that Savoy suffered, and to impose the compensatory fine on Defendant in that amount. Affirmed.