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State v. Moore

Summarized by: 

Date Filed: 05-09-2012
Case #: A144464
Duncan, J. for the Court; Armstrong P.J.; and Haselton, C.J.
Full Text Opinion: http://www.publications.ojd.state.or.us/Publications/A144464.pdf

Appellate Procedure: The Court of Appeals will not hear arguments that are not preserved at the trial court.

Defendant appealed the trial court's order of restitution payable to the victim's insurance companies pursuant to ORS 137.106. At the restitution hearing, the State presented a payment ledger indicating that the victim's insurance companies had advanced payments totaling $59,392.23 for the victim's medical care and the trial court ordered restitution in that amount. On appeal, Defendant argued that the trial court erred by imposing restitution because the State did not provide enough evidence of the actual damages. Defendant also argued that the court erred by not continuing the restitution hearing until after the negotiations between the insurance companies were complete. Defendant's attorney did not argue at trial that the restitution due was merely speculative until the negotiations were complete. Thus, the Court of Appeals held that Defendant's appellate arguments were unpreserved. Affirmed.