State v. Halfmoon

Under ORS 137.106(1)(a), a victim has 90 days to file for restitution for damage caused by the person convicted of a crime described in ORS 153.008; however, the 90-day timeline may be extended by the court for good cause.

Defendant appealed the imposition of a restitution judgment for damage to the victim’s vehicle. Defendant claimed the district court lacked good faith to extend the 90-day timeline established under ORS 137.106(1)(a). The State argued that good faith existed because the victim caused the delay to occur. Under ORS 137.106(1)(a), a victim has 90 days to file for restitution for damage caused by the person convicted of a crime described in ORS 153.008; however, the 90-day timeline may be extended by the court for good cause. The court found that the district court lacked a finding of good cause to extend the timeline. The victim did not provide any reason for the delay. The court refused to find for the State because no reason was provided by the victim for why the restitution estimate could not be obtained earlier. Restitution judgment vacated.