State v. Gruver

• Court: Oregon Court of Appeals
• Area(s) of Law: Criminal Law
• Date Filed: 12-14-2011
• Case #: A143858
• Judge(s)/Court Below: Brewer, C.J., for the Court; Haselton, J.; & Gillette, S.J.

A defendant’s failure to seek a restitution hearing authorized under ORS 137.106 does not constitute waiver of his or her right to seek appellate review of the restitution award.

Defendant was convicted of first-degree theft, and the trial court awarded restitution. On appeal, defendant argued that although she did not preserve her assignment of error, it was plain error for the trial court to impose restitution since there was insufficient evidence regarding the value of the merchandise that she stole and damaged. The Court of Appeals affirmed. Although the Court rejected the state’s argument that defendant waived her right to appellate review because she did not seek a restitution hearing at the trial level, it found that there was ample evidence in the record to support the amount of restitution that the trial court awarded. Affirmed.

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