State v. Bilbao

Under ORS 135.703 and ORS 135.705(1)(a), a trial court has statutory authority to dismiss a charge pursuant to a civil compromise only if four conditions are met: “(1) the defendant is charged with a crime punishable as a misdemeanor, (2) the person injured by the act constituting the crime has a remedy by civil action, (3) the person injured acknowledges in writing before trial that the person has received satisfaction for the injury, and (4) the defendant pays costs and expenses incurred.”

Defendant appealed the trial court's denial of his motion to dismiss a theft conviction under civil compromise statutes. Macy’s sent a letter confirming the defendant’s complete payment of the civil penalty and released him from liability, fulfilling the requirements for compromise. Under ORS 135.703 and ORS 135.705(1)(a), a trial court has statutory authority to dismiss a charge pursuant to a civil compromise only if four conditions are met:“(1) the defendant is charged with a crime punishable as a misdemeanor, (2) the person injured by the act constituting the crime has a remedy by civil action, (3) the person injured acknowledges in writing before trial that the person has received satisfaction for the injury, and (4) the defendant pays costs and expenses incurred.” ORS 135.705(1)(b) excludes “a written acknowledgment that a civil penalty under ORS 30.875 has been paid” from being evidence of a civil compromise. The Court found that ORS 30.875(1) requires shoplifters pay three amounts: actual damages and two penalties to settle civil liabilities. The Court reasoned that ORS 135.705(1)(b) restricts the trial court's discretion regarding compromises only if the acknowledgment reflects solely the payment of statutory penalty, but if the acknowledgment indicates full compliance with ORS 30.875, including actual damages, then ORS 135.705(1)(b) does not apply, allowing the trial court to consider civil compromise. The Court reversed and remanded the decision, holding that the trial court had the authority to accept or reject the compromise and that Macy’s letter could be presented as evidence of civil compromise.