- Court: Oregon Court of Appeals
- Area(s) of Law: Criminal Law
- Date Filed: 02-10-2021
- Case #: A168647
- Judge(s)/Court Below: Aoyagi, J. for the Court; Armstrong, P.J. & Tookey, J.
- Full Text Opinion
Defendant was convicted of first-degree manslaughter, and the trial court ordered restitution to the family of the victim. Defendant appealed this order and assigns error to the restitution award pay to the "victim’s family for lost wages and travel, lodging and food expenses related to defendant’s criminal prosecution.” Defendant contended that attendance of these proceedings were voluntary for the family of the victim. In turn, the State argued that witnesses that have been subpoenaed are not the only people allowed to receive restitution. “Crime victims are entitled to restitution for ‘economic damages’ caused by defendant’s crime;” under ORS 137.106—Restitution to victims’ statute— “’economic damages’ are objectively verifiable out-of-pocket losses that a person could recover against the defendant in a civil action arising out of the defendant’s criminal activities.” State v. Herfurth, 283 Or App 149, 154, 388 P3d 1104 (2016), rev den, 361 Or 350 (2017). The Court found that the trial court erred in awarding restitution for wages and expenses lost by family members in attending hearings or meetings that they went to voluntarily. However, family members do not have to be subpoenaed to have restitution awarded to pay “for travel, lodging, and food expenses incurred by the two family members to attend the sentencing hearing to give victim impact statements.” Restitution award reversed in part; remanded for resentencing; otherwise affirmed.