State v. Storm

ORS 137.106 requires (1) criminal activity; (2) economic damages; and (3) a causal relationship between the two. The trial court has "the authority to make [their] own, independent, factual findings as to two of the three elements but "the restitution statute does not grant [a trial court] similar authority to make its own independent factual findings about the criminal act that the defendant committed."  State v. Andrews, 295 Or App 195 (2018). 

Defendant appealed a supplemental judgment that awarded restitution damages to the victim, which was awarded after Defendant admitted that he damaged property but was required to pay restitution for other damages to the victim's home for which he was not convicted. ORS 137.106 requires (1) criminal activity; (2) economic damages; and (3) a causal relationship between the two. The trial court has "the authority to make [their] own, independent, factual findings as to two of the three elements but "the restitution statute does not grant [a trial court] similar authority to make its own independent factual findings about the criminal act that the defendant committed."  State v. Andrews, 295 Or App 195 (2018). The Court held here that "a trial court lacks authority to make findings about the defendant's specific criminal act or acts" and must establish the convicted criminal record that resulted in the damages.  From Defendant’s record and conviction, the trial court could only impose restitution for those damages, whether or not they themselves "could fall within the 'scope' of a criminal mischief charge." Remanding for resentecing.