State v. Mothershed

A trial court may order restitution upon proof of “(1) criminal activities, (2) economic damages, and (3) a causal relationship between the two.” State v. Smith, 291 Or App 785, 788, 420 P3d 644 (2018); ORS 137.106(1)(a).

Defendant was convicted of the unauthorized use of a vehicle and ordered to pay $1,854.74 in restitution. Defendant assigned error to being required to pay restitution. Defendant argued that the state failed to prove that Defendant, rather than the original thief, caused the damage. A trial court may order restitution upon proof of “(1) criminal activities, (2) economic damages, and (3) a causal relationship between the two.” State v. Smith, 291 Or App 785, 788, 420 P3d 644 (2018); ORS 137.106(1)(a). The Court reasoned that since Defendant merely purchased the stolen motorcycle, he was not the original thief. The Court found that the State failed to prove that Defendant personally caused any damage to the property. Supplemental judgment reversed and remanded; remanded for resentencing; otherwise affirmed.