State v. Martinez
246 Or. App. 383
Or. Ct. App.2011Background
- Defendant was convicted of second-degree assault by guilty plea; judgment entered February 9, 2009.
- At sentencing, judge indicated restitution to be determined later within 90 days if requested.
- On May 5, 2009, the state filed a motion for amended judgment awarding $2,914.51 in restitution.
- Hearing held August 17, 2009; delay attributed to ongoing restitution investigation and victim compensation issues.
- Prosecutor explained waiting for victim's compensation decision and securing defendant’s presence and counsel; defense noted scheduling and representation delays.
- Trial court found good cause to delay the supplemental restitution judgment beyond 90 days; defendant appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was good cause to delay restitution beyond 90 days. | Martinez | Martinez | Yes; court affirmed good cause for delay. |
Key Cases Cited
- State v. Biscotti, 219 Or.App. 296 (2008) (good cause does not include prosecutorial neglect)
- State v. Arwood, 46 Or.App. 653 (1980) (inaction by court/prosecutor not good cause)
- State v. Murrell, 242 Or.App. 178 (2011) (delay due to office changes not good cause)