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Oregon Supreme Court, January 16, 2020

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by: Rankin Johnson IV • January 24, 2020 • no comments

 

Summarized by Rankin Johnson, OCDLA

RESTITUTION - Findings necessary to restitution award

When defendant was convicted of harassment and acquitted of assault, court could not impose restitution for injury. Reversed.

The state offered evidence that defendant spat on the victim and also punched him and knocked out his tooth bridge. In reversing the Court of Appeals' affirmance of the restitution award, the Supreme Court explained that a trial court may only award restitution based on a jury verdict if the court can determine from the record that the jury necessarily found that defendant committed a crime supporting restitution. Because the jury could have based its award on evidence of spitting, the restitution award was not supported by the verdict.

State v. Andrews 366 Or 65 (January 16, 2020) (Walters) (Malheur County, Sullivan)