State v. Wilson

“There are three prerequisites for the imposition of restitution as part of a defendant’s criminal sentence: (1) criminal activities, (2) economic damages, (3) a causal relationship between the criminal activity and the economic damages”. State v. Kirkland, 268 Or App, 420, 424 (2015).

Defendant appealed a supplemental judgement to her conviction of possession of a stolen vehicle, under ORS 819.300, imposing restitution in the amount of $10,527.58 for economic damages. Defendant assigned error to the trial court, arguing that the imposition of restitution was improper because her criminal activity did not cause the economic damages. The state responded that Defendant’s criminal activity was the ‘but-for’ cause of the economic damages. “There are three prerequisites for the imposition of restitution as part of a defendant’s criminal sentence: (1) criminal activities, (2) economic damages, (3) a causal relationship between the criminal activity and the economic damages”. State v. Kirkland, 268 Or App, 420, 424 (2015). The Court reasoned “the existence of some connection” is not enough to establish causation for restitution purposes, further reasoning that the state lacked evidence connecting the economic damages to Defendant’s criminal activity. Therefore, the supplemental judgement is reversed, and the case remanded for resentencing, otherwise affirmed.