243 P.3d 151
Or. Ct. App.2010Background
- In 2001 Moore reported his 2001 Ford Focus stolen; Great American Insurance paid off lien and obtained salvage title listing itself as owner.
- In 2006 Infinity, Great American's sister company, sought either return of the car or payment of $13,667.55 after discovering Great American paid the claim.
- Moore refused to return or pay; Infinity located the car in Moore's driveway and recovered it with police involvement.
- Moore was convicted of theft in the first degree and unauthorized use of a vehicle; Infinity assisted by funding some witnesses to travel to Oregon for trial.
- At sentencing, the state sought restitution under ORS 137.106 for Infinity’s witness travel costs; the court instead imposed a $100 fine under ORS 161.625 and a $1,455.36 compensatory fine under ORS 137.101.
- On appeal, Moore challenged the compensatory fine as improperly authorized; the court agreed and remanded for resentencing after reversing the compensatory fine.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| May a compensatory fine under ORS 137.101(1) be imposed in addition to a penalty under ORS 161.625? | Infinity contends the compensatory amount is recoverable as part of the imposed fine. | Moore argues no statutory authority to impose a compensatory fine alongside the penalty fine. | Plain error; cannot impose compensatory fine with penalty fine; remanded for resentencing. |
Key Cases Cited
- State v. Lovelace, 93 Or.App. 586 (1989) (ORS 137.101(1) authorizes vesting funds to victims, not fine authority)
- Ailes v. Portland Meadows, Inc., 312 Or. 376 (1991) (plain-error standard for compensatory fines; interpretive guidance)
- State v. Harrington, 229 Or.App. 473 (2009) (imposition of compensatory fine contrary to statute is plain error)
- State v. Fults, 343 Or. 515 (2007) (remand factors for whether to correct plain error avoid repetitive proceedings)