292 P.3d 611
Or. Ct. App.2012Background
- Defendant was convicted of fourth-degree assault constituting domestic violence, a Class A misdemeanor.
- At sentencing, restitution was requested; court scheduled a restitution hearing within 90 days if agreement failed.
- Original judgment and sentence entered April 14, 2010; restitution hearing set for July 1, 2010 but never held.
- Supplemental judgment imposing $358.95 restitution was entered July 27, 2010, 104 days after judgment.
- State conceded error; issue is proper disposition on appeal: remand for good-cause and amount or outright reversal.
- Court ultimately vacates the supplemental judgment and remands to determine good cause and correct amount.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the supplemental restitution was authorized beyond 90 days without good cause. | State contends restitution may be determined on remand if good cause exists. | Defendant urges outright reversal of the supplemental judgment. | Vacate and remand to decide good cause and determine damages. |
Key Cases Cited
- State v. Tippetts, 239 Or App 429 (2010) (remand allowed to develop evidence of damages when restitution error occurred)
- State v. Edson, 329 Or 127 (1999) (established resentencing remand framework for felony cases)
- State v. Biscotti, 219 Or App 296 (2008) (restitution timing and good cause considerations under ORS 137.106)
- State v. Landreth, 246 Or App 376 (2011) (post-90-day good-cause determination may occur; remand possible)
- State v. Johnson, 242 Or App 279 (2011) (limits on court authority to amend judgments; context differs)
- State v. McLaughlin, 243 Or App 214 (2011) (remand for restitution considerations when error occurred)