- Court: Oregon Court of Appeals
- Area(s) of Law: Criminal Law
- Date Filed: 09-10-2014
- Case #: A154464
- Judge(s)/Court Below: Duncan, P.J. for the Court; Wollheim, J.; and Lagesen, J.
Defendant husband appealed his restitution order, arguing it included amounts for crimes which only his wife had been charged and convicted. The State conceded to the error. Wife was charged with health care fraud, beginning in 2007 and ending in 2012. Defendant husband was charged with health care fraud beginning in 2009 and ending in 2012. At trial, the State argued Defendant husband enjoyed the fruits of wife's criminal activity prior to 2009 when he also engaged in the crimes, and therefore he should be jointly and severally liable for the damages. The Court found Defendant cannot be required to pay restitution for pecuniary damages arising out of criminal activity for which he was not convicted or which he did not admit having committed. Therefore, the Court accepted the State's concession. Remanded for resentencing; otherwise affirmed.