State v. Minor

Under ORS 137.106(1)(a), “the State is free to seek restitution damages, and the defendant is free to oppose them.” State v. Heisser, 350 Or 12, 27, 249 P3d 113 (2011).

Defendant appealed from a supplemental judgment of restitution. Defendant assigned error to the trial court’s conclusion that Defendant could not challenge the legality of the award because he had agreed to pay the restitution in the stipulated plea agreement. On appeal, Defendant argued that the costs included in the judgment of restitution were not economic damages under ORS 137.106(1)(a), and therefore could not be recovered. In response, the State argued that because Defendant agreed to pay the restitution through a stipulated plea agreement, Defendant could not appeal the costs which the court included without withdrawing from the plea agreement. Under ORS 137.106(1)(a), “the State is free to seek restitution damages, and the defendant is free to oppose them.” State v. Heisser, 350 Or 12, 27, 249 P3d 113 (2011). The Court found that the trial court erred by denying the Defendant’s challenge to the restitution order because Defendant provided sufficient evidence that the restitution judgment exceeded the maximum allowable by law. Thus, the Court held that although Defendant agreed to pay restitution, he did not waive any challenge to unlawful restitution and maintained his right to appeal the supplemental restitution judgment notwithstanding his guilty plea. Reversed and remanded.