State v. Labar
259 Or. App. 334
Or. Ct. App.2013Background
- Defendant committed two robberies at a Newport Rite Aid (Mar 10 and Jul 11, 2010), stealing large quantities of Oxycontin; the March 10 theft comprised the bulk of the pills taken.
- At trial a Rite Aid pharmacist used the store’s auditing and pricing programs to quantify the March 10 tablets and compute a retail value of $36,911.89; no value evidence was presented for the July 11 theft.
- The jury convicted defendant of crimes arising from the robberies; the trial court entered a supplemental judgment ordering restitution to Rite Aid for $36,911.89.
- Defendant argued restitution should equal Rite Aid’s wholesale replacement cost plus any lost profits (i.e., cost to replace inventory), not the retail value.
- The trial court rejected that argument and awarded restitution based on the retail market value shown at trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper measure of restitution for stolen inventory | State: award the victim the full economic damages recoverable in a civil action (market value shown at trial) | Defendant: restitution should be limited to Rite Aid’s wholesale replacement cost plus any lost profits | Court: restitution may be based on retail market value because conversion damages equal the reasonable market value at time/place of conversion; retail evidence was sufficient |
Key Cases Cited
- State v. Onishchenko, 249 Or. App. 470 (Or. Ct. App. 2012) (restitution limited to civil recoverable economic damages)
- Mustola v. Toddy, 253 Or. 658 (Or. 1969) (conversion defined as exercise of dominion requiring payment of full value)
- Hayes Oyster Co. v. Dulcich, 170 Or. App. 219 (Or. Ct. App. 2000) (measure of conversion damages is reasonable market value at time/place of conversion)
- Hall v. Work, 223 Or. 347 (Or. 1960) (conversion damages measured by market value)
- Willamette Quarries v. Wodtli, 308 Or. 406 (Or. 1989) (lost-profits in contract cases; inapposite here)