State v. McKerrall

Under ORS 137.106, restitution must be awarded to victims for economic damages resulting from crimes of which a defendant has been convicted.

Defendant appealed the imposition of a fine in restitution for damages related to a criminal mischief conviction. Defendant contended that the State failed to produce evidence that establishes the reasonableness of restitution. The State argued that, although the amount that was fined did not have sufficient evidence, a modified restitution should still stand. Under ORS 137.106, restitution must be awarded to victims for economic damages resulting from crimes of which a defendant has been convicted. The Court acknowledged that the lower court erred in its calculation of the restitution. However, the Court still needs to determine whether this plain error merits an exercise of judicial discretion. The Court reviewed the record, which provides that Defendant and Defendant’s counsel approved of the amount in restitution. The Court declined to exercise discretion and affirmed the lower court’s holding. Affirmed.