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State v. Dorsey

Summarized by: 

Date Filed: 11-14-2013
Case #: A148866
Egan, J. for the Court; Armstrong P.J.; and Nakamoto, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/docs/A148866.pdf

Sentencing: A Defendant may only be required to pay restitution for pecuniary damages for criminal activity when he or she has been convicted or has admitted to the crime.

Defendant appealed amount of restitution imposed for conviction of theft in the first degree, ORS 164.005.  Defendant in a plea petition only admitted to theft occurring over a 16-day period, however the trial court ordered her to pay restitution for thefts that occurred over a 65-day period. Defendant appealed, arguing that the trial court lacked authority to impose restitution for crimes Defendant was not convicted of and had not admitted to, and that this constituted plain error. The Court of Appeals agreed with Defendant and held that the trial court did lack authority to impose restitution for crimes Defendant had not admitted to and was not convicted of. Additionally, although the issue was unpreserved, it was an error of law that was obvious and not reasonably in dispute. Therefore, the trial court plainly erred and the Court chose to correct it. Remanded for resentencing; otherwise affirmed.