State v. Smith

The “record must support a nonspeculative inference that there is a causal relationship between the defendant’s criminal activities and the victim’s economic damages.” State v. Akerman, 278 Or App 486, 490, 380 P3d 309 (2016).

Defendant appeals judgment of conviction entered as a result of his no contest plea. Defendant assigns error to the lower court’s implementation of restitution damages. On appeal, Defendant argues the State did not provide sufficient evidence to support the inference that Defendant’s criminal activity caused the victim’s restitution damages. In response, the State argued that they had introduced evidence that provided a sufficient connection for the implementation of restitution damages. The “record must support a nonspeculative inference that there is a causal relationship between the defendant’s criminal activities and the victim’s economic damages.” State v. Akerman, 278 Or App 486, 490, 380 P3d 309 (2016). The Court of Appeals found there was no evidence in the record that supported such a causal relationship. Reversed.