State v. Riekens

"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 challenged a ruling that he pay $350 in restitution and $500 in compensatory fines.  On appeal,  Defendant argued that the State failed to prove he was the cause of economic damages.  In response, the State argued that the Defendant caused additional damage to the bicycle while it was in his possession, and by attempting to repair the bicycle, a jury could assume that the bicycle was damaged between the time it was recovered by Defendant and the time that the bicycle shop assessed the bicycle as unrepairable.  "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 held that the State's inferences were not reasonable because the court must base its findings on evidence in the record; in this instance, there was not sufficient evidence to "allow a nonspeculative inference that Defendant caused the 'bent' components on the victim's bicycle."  Supplemental judgment reversed; remanded for resentencing; otherwise affirmed.