State v. LGS-S

• Court: Oregon Court of Appeals
• Area(s) of Law: Juvenile Law
• Date Filed: 10-14-2020
• Case #: A166243
• Judge(s)/Court Below: Ortega, P.J., and Powers, J., and Linder, Sr.J.
• Full Text Opinion

[T]he State was required by ORS 419C.450 to present its restitution evidence before the court concluded the adjudicatory hearing.” State v. L.G.S.-S., 307 Or App 208, 212 (2020).

Petitioner appealed a supplemental judgment ordering restitution to Safeco Insurance. Petitioner argued that the juvenile court erred when it added a victim and a request for restitution to the judgment after adjudication. Petitioner asserted that the State’s restitution request “violated the timing requirement in ORS 419C.450.” State v. L.G.S.-S., 307 Or App 208, 211 (2020). “[T]he State was required by ORS 419C.450 to present its restitution evidence before the court concluded the adjudicatory hearing.” Id. at 212. The court found that at the time the petitioner was adjudicated, the State had not presented restitution evidence for Safeco Insurance. Thus, the court found that the supplemental judgment awarding restitution to Safeco Insurance violated the timing requirement in ORS 419C.450. Reversed.

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