State v. Bolton

ORS 137.101 operates to distribute damages to victims of a crime but permits the sentencing court to redirect money from penalty fines and the sentencing court’s authority “need not be calibrated to—or limited to—the economic damages sustained by the victim.” State v. Garlitz, 287 Or App 372, 377 (2017).

Bolton appealed a judgment that imposed a $73,593.90 compensatory fine after being convicted of fraudulently obtaining public assistance by misrepresenting her marital status to the Department of Human Services where the State presented evidence from 2010 onward even though the indictment indicated it was from 2015 to 2016. Bolton argued that the trial court erred by imposing a fine based on activities not alleged in the indictment. ORS 137.101 operates to distribute damages to victims of a crime but permits the sentencing court to redirect money from penalty fines and the sentencing court’s authority “need not be calibrated to—or limited to—the economic damages sustained by the victim.” State v. Garlitz, 287 Or App 372, 377 (2017). The Court held that the sentencing court was permitted to impose additional fines and under ORS 137.101, redirect those monies to victims of  Defendant’s offenses under a compensatory fine that was greater than the number of economic damages suffered during the time period alleged in the indictment.  Affirmed.