Notes of Decisions
Condition of probation, requiring defendant to make restitution for items which she did not admit taking and which she was not convicted of taking, was improper. State v. Cox, 35 Or App 169, 581 P2d 104 (1978)
Trial court did not have authority to order restitution for traffic infraction, because it did not constitute criminal activity within meaning of this section. State v. Jameson, 37 Or App 151, 586 P2d 380 (1978), Sup Ct review denied; State v. Frey, 53 Or App 124, 631 P2d 349 (1981), Sup Ct review denied
Court had authority to order defendant to make restitution to victims of two burglaries where defendant was convicted of one and charge was dismissed as result of plea negotiations. State v. Zimmerman, 37 Or App 163, 586 P2d 377 (1978)
Where defendant did not offer contrary evidence or request hearing under this section, trial court did not err in ordering amount of restitution based upon victim's estimate. State v. Ivie, 38 Or App 453, 590 P2d 740 (1979)
Order must specify amount of damages to be repaid and specific schedule for repayment. State v. Johnson, 39 Or App 711, 593 P2d 1216 (1979)
Where defendant pleaded guilty to one count of theft but second count, which he expressly denied, was dismissed as result of plea agreement, court lacked authority to order restitution of victim of second theft. State v. Armstrong, 44 Or App 219, 605 P2d 736 (1980), Sup Ct review denied
Where, upon resentencing, court set up schedule for repayment of victim and imposed additional restitution for county expenses in providing court-appointed counsel, defendant did not waive, by failure to make timely objection pursuant to this section, his objection to increasing of sanction, which resentencing court lacked authority to do. State v. Miller, 44 Or App 625, 606 P2d 689 (1980)
Where defendant was convicted of theft for stealing guitar from professional musician, costs incurred by victim to rent replacement guitar were proper element of restitution since they would be recoverable as special damages in civil action. State v. Lewis, 49 Or App 447, 619 P2d 684 (1980)
Pawnshop to whom defendant sold stolen guitar was "victim" under ORS 137.103 (Definitions for ORS 137.101 to 137.109) and entitled to restitution. State v. Lewis, 49 Or App 447, 619 P2d 684 (1980)
Where burglary was committed prior to effective date of this section, it was error for court to order defendant to pay restitution. State v. Crawford, 289 Or 151, 610 P2d 1232 (1980)
Insurance company which paid benefits to its insured who was injured by criminal defendant, suffered pecuniary damages and was victim entitled to restitution. State v. Divers, 51 Or App 351, 625 P2d 681 (1981)
Where defendant admitted his involvement in three thefts in plea petition, while pleading guilty to only one, it was not error for trial court to require restitution to victims of all three crimes. State v. Boswell, 52 Or App 535, 628 P2d 763 (1981), Sup Ct review denied
Restitution is limited to amount that could be recovered as special damages in civil suit. State v. Dillon, 292 Or 172, 637 P2d 602 (1981)
Defendant who was convicted of failure to perform statutory duties following a motor vehicle accident could not be required to pay restitution for damages resulting from the accident because they did not result from defendant's criminal activities. State v. Eastman/Kovach, 292 Or 184, 637 P2d 609 (1981)
Because restitution is aspect of criminal law, civil right to jury trial is not implicated. State v. Rosenbaum, 57 Or App 11, 643 P2d 1284 (1982); State v. McGinnis, 105 Or App 154, 803 P2d 1525 (1991)
Where defendant contended that his admission, made during plea negotiations, of "civil liability" for transactions involving odometer rollbacks was not admission of criminal conduct under ORS 137.103 (Definitions for ORS 137.101 to 137.109), court-ordered restitution to known victim of defendant's act was proper. State v. Davis, 57 Or App 322, 644 P2d 623 (1982)
If loss would not have occurred but for criminal activities of defendant, amount of restitution is determined separately from amount established by conviction or admission. State v. Doty, 60 Or App 297, 653 P2d 276 (1982)
Interest ordered to commence on execution of restitution order was improper because interest is not recoverable as special damages in civil action. State v. Dickenson, 68 Or App 283, 680 P2d 1028 (1984)
Attorney fees are not recoverable "special damages" if incurred in preparation of civil suit arising out of defendant's criminal conduct. State v. O'Brien, 96 Or App 498, 774 P2d 1109 (1989), Sup Ct review denied
Trial court may not order defendant, president of corporation, to pay restitution to victim where defendant did not admit personal liability even though admitting his corporation was liable for restitution purposes. State v. Voetberg, 99 Or App 112, 781 P2d 387 (1989)
Where company's labor and service costs constituted pecuniary damages under ORS 137.103 (Definitions for ORS 137.101 to 137.109), trial court did not err in ordering defendant to pay costs as restitution for repair of electric meter with which defendant had tampered. State v. Louden, 101 Or App 367, 790 P2d 1182 (1990)
Where defendant waived his right to be heard and object to imposition of restitution in trial court, defendant waived right to challenge imposition of restitution on appeal. State v. Carpenter, 101 Or App 489, 791 P2d 145 (1990), Sup Ct review denied; State v. Lunski, 101 Or App 495, 791 P2d 146 (1990)
Sentencing court has no authority to order defendant to pay restitution as condition of parole. State v. Gaines, 103 Or App 646, 798 P2d 730 (1990)
Where restitution was ordered without following proper procedure, restitution order was reviewable as disposition exceeding maximum allowed by law. State v. Anderson, 113 Or App 416, 833 P2d 321 (1992); State v. Jones, 113 Or App 425, 833 P2d 320 (1992), Sup Ct review denied
Attorney fees are recoverable "special damages" if incurred to assure indictment and criminal prosecution, notwithstanding that victim may subsequently file civil suit arising out of defendant's criminal conduct. State v. Mahoney, 115 Or App 440, 838 P2d 1100 (1992), Sup Ct review denied, as modified by 118 Or App 1, 846 P2d 413 (1993)
Where pecuniary damages included future expenses that were reasonably predictable, but amount of which was not readily ascertainable, order to pay actual amount of future expenses was proper. State v. Allen, 122 Or App 587, 858 P2d 176 (1993), Sup Ct review denied
Restitution to parent of child victim was not available where civil recovery of parent's damages would be based on tort theory not formally adopted by Oregon courts. State v. Carrillo, 125 Or App 52, 865 P2d 379 (1993)
"But for" standard of causation applies in determining whether damages are eligible for restitution. State v. Bullock, 135 Or App 303, 899 P2d 709 (1995)
Because restitution requires proof of causal relationship between criminal activity and pecuniary damage suffered, subsequent damage to stolen property does not automatically impute to thief. State v. Bonnie, 135 Or App 314, 898 P2d 1365 (1995)
Bankruptcy discharge of civil debt to victims, whether occurring before or after restitution order, does not discharge obligation to make restitution imposed as part of criminal sentence. State v. Sprang, 137 Or App 418, 904 P2d 1092 (1995)
Lost profits are includable in restitution award. State v. Jurado, 137 Or App 538, 905 P2d 274 (1995)
Restitution order is not part of presumptive sentence and therefore not precluded from review. State v. Marquez, 139 Or App 379, 912 P2d 390 (1996), Sup Ct review denied
Criminal Injuries Compensation Account is "victim" eligible to receive restitution for expenses paid. State v. Spino, 143 Or App 619, 925 P2d 101 (1996)
Where defendant's conviction covers criminal activities during specified time period, court may not award restitution for damages arising from events occurring outside time period. State v. Howett, 184 Or App 352, 56 P3d 459 (2002)
Court may not order payment of restitution after finding person guilty except for insanity. State v. Thomas, 187 Or App 762, 69 P3d 814 (2003)
Department of Corrections routine maintenance and operation expenses are not recoverable through restitution by prisoner. State v. Wilson, 193 Or App 506, 92 P3d 729 (2004)
Under pre-2003 version of statute, court is required to consider defendant's ability to pay only in determining restitution amount and payment terms or conditions, not in deciding whether to impose restitution. State v. Gutierrez, 197 Or App 496, 106 P3d 670 (2005), modified 199 Or App 521, 112 P3d 433 (2005), Sup Ct review denied
Determination of restitution amount is not increase in penalty for offense beyond prescribed statutory maximum requiring jury determination. State v. McMillan, 199 Or App 398, 111 P3d 1136 (2005)
Where jury determined amount of damage to reach criminal verdict, order for restitution in different amount based on preponderance of evidence did not reexamine fact tried by jury. State v. Mendez, 211 Or App 311, 155 P3d 54 (2007)
Atty. Gen. Opinions
Board requirement that parolee make restitution as condition of parole, (1981) Vol 42, p 117
Notes of Decisions
Type and amount of restitution is limited to that which would be recovered as special damages in civil action and, where subsequent civil action is barred, further restitution is barred. State v. Rodriguez, 88 Or App 429, 745 P2d 811 (1987), Sup Ct review denied; State v. Thompson, 138 Or App 247, 908 P2d 329 (1995)
