State v. McDonald

Restitution can be award at Trial Court "'[w]hen a person is convicted of a crime . . . that has resulted in economic damages.'" ORS. 137.106(1)(a). By a preponderance of the evidence, the state must prove, "'(a) criminal activities, (2) economic damages, and (3) a causal relationship between the two.'" State v. Kirkland, 268 Or App 420, 424, 342 P3d 163 (2015).

Defendant appealed judgement of restitution after pleading guilty to first-degree aggravated theft. Defendant assigned error to the court awarding a supplemental judgment of $5,000 and $8,358.18 to KDRV Broadcasting and Allianz Global Corporate & Specialty. Defendant argued that nothing in his indicment or basis for his plea connected KDRV and Allianz to any damages suffered from his conduct. He agrued that the victims from his buglary plea were not specified as KDRV and Allianz. Restitution can be award at Trial Court "'[w]hen a person is convicted of a crime . . . that has resulted in economic damages.'" ORS. 137.106(1)(a). By a preponderance of the evidence, the state must prove, "'(a) criminal activities, (2) economic damages, and (3) a causal relationship between the two.'" State v. Kirkland, 268 Or App 420, 424, 342 P3d 163 (2015). The Court held that the state failed to prove that there were any economic losses claimed by KDRV by the criminal conduct to the defendant. The theft the defendant plead guilty to did not harm KDRV or Allianze. The portion of the supplemental judgment to KDRV and Allianz are reversed; otherwise affirmed.