- Court: Oregon Supreme Court
- Area(s) of Law: Criminal Procedure
- Date Filed: 03-04-2021
- Case #: S067446
- Judge(s)/Court Below: Nelson, J. for the Court; En banc.
- Full Text Opinion
Defendant appealed the lower court’s order for him to pay the restitution award for the damage inflicted to the victim’s property. The State’s evidence to support the claim for restitution was the bill paid by the victim to the insurer as a result of the damage. Additionally, the State argued that evidence of the bill paid by a market participant entails a reasonable inference that the total amount paid was reasonable. The State reasoned that because the issuer of the bill is one who investigates claims, their bill is reasonably issued. "Under Oregon law, restitution is to be awarded when a defendant has been convicted of a crime that results in economic damages to the victim and the state has presented evidence of those damages." ORS 137.106(1)(a). The burden of establishing the reasonable costs incurred for repair or for replacement of the property is on the State. The Court considered the State’s cumulative evidence to be sufficient to establish the costs were reasonable. Reversed.