State v. Labar
Case #: A148485
Armstrong, P.J. for the Court; De Muniz, S.J.; and Egan, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/docs/A148485.pdf
Criminal Law: Under ORS 137.106(1)(a) when a person is convicted of a crime and the victim suffered economic damages as a result of that crime, the court may order the defendant to “pay the victim restitution in a specific amount that equals the full amount of the victim’s economic damages”. Further, market value is the correct measure for determining retail value and restitution.
Defendant appealed from a judgment for restitution for property that Defendant stole from a Rite Aid pharmacy totaling $36,911.89. Defendant argued that the proper measure of economic damages was the wholesale value of the property and any profits lost by Rite Aid. Defendant was convicted of robbing the Rite Aid pharmacy on two separate occasions of their supply of Oxycontin pills. Using the store’s controlled-drug auditing program, Rite Aid provided evidence that the calculated value of Oxycontin tablets that was stolen retailed for a sum of $36,911.89. The trial court held that the economic damages should be measured based on the retail price of the stolen pills and entered a supplemental judgment awarding restitution to Rite Aid for the total retail amount of the pills. Based on ORS 137.106(1)(a) this Court held that the trial court did not err in finding the market value of the pills to be their retail value and that the restitution awarded to Rite Aid was accurate. Affirmed.