State v. Tharp

“[A]n inference cannot be "supported by mere speculation" but "must be reasonable, based on the record.” See Aguirre-Rodriguez II, 367 Or. at 623

Defendant appealed two supplemental judgements imposing special probation conditions, and awarding restitution. Defendant assigned error to the court’s admitting into evidence a written document and contends that this violates his due process rights. Furthermore, Defendant argued that the trial court erred because the "bare estimate" of the cost of repairing the damages that was provided was insufficient to demonstrate the reasonableness of the victim's economic damages under ORS 31.710(2)(a). On appeal, the State conceded Defendant’s special probate condition assignments were entered in err and the Court reversed the special probate conditions. The State also argued that Defendant’s reliance on State v. Aguirre-Rodriguez I was misplaced, because the Supreme Court overturned the decision holding that, “[A]n inference cannot be "supported by mere speculation" but "must be reasonable, based on the record.” 367 Or. at 623. Accordingly, the Court determined that a fact finder could reasonably infer damages based on local labor rates and damage assessment without relying on impermissible speculation. Reversed, remanded for resentencing, and otherwise affirmed.