- Court: Oregon Court of Appeals
- Area(s) of Law: Criminal Procedure
- Date Filed: 11-24-2021
- Case #: A169674
- Judge(s)/Court Below: Egan, C.J. for the Court; Tookey, P.J. & Kistler, S.J.
- Full Text Opinion
Following a conviction of criminal mischief, Defendant was additionally ordered to $567 to cover damages to victim’s car. Defendant contended that the trial court erred in issuing the supplemental judgment for restitution because there was no jury finding he was the one that caused damages to victim’s car. Defendant additionally argued that any damage was minimal, and restitution was not appropriate. “ORS 137.106 authorizes a trial court to order restitution ‘[w]hen a person is convicted of a crime that has resulted in economic damages.’” The Court found that the jury “ma[de] its own factual findings as to causation,” which is permissible under ORS 137.106(1)(a). The jury found that the Defendant kicked and caused damage to the victim’s vehicle and therefore the trial court’s ruling stands. Affirmed.