- Court: Oregon Court of Appeals
- Area(s) of Law: Attorney Fees
- Date Filed: 03-22-2023
- Case #: A169687
- Judge(s)/Court Below: Lagesen, C.J. for the Court; Aoyagi, P.J.; & Kamins, J.
- Full Text Opinion
Defendant appealed an award of restitution for attorney fees incurred relating to a criminal case. The Court rejected Defendant's challenge relying on State v. Fox, 313 Or App, 326, 327, 496 P3d 10 (2021) (Fox I). In Fox I, the Court held that it was reasonably foreseeable for a victim to hire an attorney to advise them on their rights in a criminal case, so restitution was recoverable for attorney fees associated with a criminal case. The Oregon Supreme Court reversed Fox I, and remanded Defendant's case back to the Court for reconsideration in light of the new ruling. On remand, the Court held that “economic damages” do not include attorney fees that a victim chooses to incur in order to obtain restitution in a criminal matter. Fox II, 370 Or 456, 469-70 (2022). Judgment awarding restitution for attorney fees incurred in criminal case reversed; remanded for sentencing; otherwise affirmed.