State v. Kephart

Where the trial court does not address an issue or state what version of a statute it applied, and either issue is raised on appeal, the case will be vacated and remanded to the trial court.

Defendant appealed his aggravated murder conviction and restitution in the amount of $1,171,994.47 to be paid to the state. Defendant was charged with causing the death of his daughter and pled guilty to aggravated murder. The plea petition provided that the parties agreed and stipulated to the 1989 version of ORS 163.105. The parties also agreed that Defendant would pay restitution for the victim's care and treatment. After the sentencing hearing, Defendant objected to the $1,168,494.47 restitution payable to Department of Human Services. The court, however, imposed the restitution. On appeal, Defendant contended the trial court erred because the parties had agreed that the 1991 restitution statutes would control the court's decision concerning the state's request for restitution. The trial court did not address whether the parties stipulated to the application of the 1991 version of the restitution statutes as part of the plea negotiations, or state what version of the restitution statutes they applied. The trial court should be the forum to address these issues. Vacated and remanded.