State v. Halvorson

“[I]nvited error is no basis for reversal.” State v. Harris, 362 Or 55, 67, (2017).

Petitioner (the State in this appeal proceeding) sought reconsideration and clarification of the disposition of the Court’s prior decision following remand from the Supreme Court (Halvorson II) to reverse the attorney fees awarded to the victim’s attorney as part of “‘economic damages’ for the purposes of restitution under ORS 137.106(1).” The State argued that Defendant had “previously conceded to $28,200 of victim G’s attorney fees … and did not contest that portion of the fees on appeal.” Defendant argued that the attorney fees should be reversed notwithstanding his concession in the court below. Although the Court reasoned that Defendant’s concession invited error by the trial court, “[I]nvited error is no basis for reversal.” State v. Harris, 362 Or 55, 67, (2017). Thus, the Court agreed with the state and held that its Halvorson II decision should be modified to acknowledge the prior concession by defendant, and clarified that the attorney fee award of $28,200 was not included in the previous reversal of the restitution award. Reconsideration allowed; former opinion and disposition modified; portion of judgment awarding restitution to victims for attorney fees incurred in criminal case reversed except uncontested $28,200 of G’s award; remanded for resentencing; otherwise affirmed.