State v. Deslaurier

ORS 137.106 does not violate the Sixth Amendment of the U.S. Constitution because a restitution award is not a sentence beyond the statutory maximum and therefore a jury determination of the underlying facts is not necessary.

A jury found the Defendant guilty and Defendant raised two assignments of error in the trial court’s sentencing: the trial court imposed restitution in the absence of a jury determination as to the appropriate amount, and the trial court failed to apply the “shift-to-I” rule in calculating the sentence. When a defendant is convicted of a crime that has resulted in economic damages, ORS 137.106(1) requires evidence as to the nature and amount of damages to be presented to the court. Further, if the court finds from the evidence that a victim suffered economic damages, in addition to any other sanction it may impose, the court shall include in the judgment a requirement that the defendant pay the victim restitution in a specific amount that equals the full amount of economic damages. The Court found that restitution was properly imposed, and the State conceded that the court committed error when it failed to apply the “shift-to-I” rule. Remanded for resentencing; otherwise affirmed.