State v. Thomas

• Court: Oregon Court of Appeals
• Area(s) of Law: Criminal Procedure
• Date Filed: 10-19-2016
• Case #: A156261
• Judge(s)/Court Below: DeVore, J. for the Court; Duncan, P.J., & Flynn, J.

The state breaches a plea agreement when the state imposes restitution on a plea agreement that does not mention restitution anywhere in the agreement.

Defendant appealed the trial court's imposition of restitution since it was not a part of the plea agreement. Defendant claimed that the State breached the agreement and asked for the enforcement of the plea agreement because it was unambiguous. The state argued that the agreement is silent on precluding the state from seeking restitution. The court found a breach of the plea agreement because restitution was not one the terms agreed on, and allowed the defendant to have the agreement enforced or by withdrawing his plea. Reversed and Remanded.

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