State v. Gatewood

The Court followed its approach in State v. Moncada, “[t]o determine the identity of the ‘victim’ for consecutive-sentencing purposes, we refer to the substantive statute defining the relevant criminal offense.” 241 Or App 202, 250 P3d 31 (2011), rev den, 351 Or 546 (2012).

Defendant appealed his consecutive sentences for convictions of first-degree theft and felon in possession of a firearm. Defendant assigned error to the trial court’s determination that the State was the victim in the felon in possession offense. On appeal, Defendant argued “victim,” as defined in ORS 131.007, has a generic meaning that voters intended to apply in ORS 137.123, which does not include the State. In response, the State argued, “'victim' refers to the victim of the underlying crime of conviction, as determined by the substantive provision defining that crime.” The Court followed its approach in State v. Moncada, “[t]o determine the identity of the ‘victim’ for consecutive-sentencing purposes, we refer to the substantive statute defining the relevant criminal offense.” 241 Or App 202, 250 P3d 31 (2011), rev den, 351 Or 546 (2012). The Court determined the victim in a felon in possession offense, under ORS 166.270, was “the public,” which is synonymous with “the state” and “the people of Oregon.” Affirmed.