274 P.3d 313
Or. Ct. App.2012Background
- Defendant pleaded guilty to one count of first-degree theft; two additional first-degree theft charges were dismissed as part of the plea deal.
- The trial court entered a supplemental judgment under ORS 137.106(1) ordering restitution for unlawfully received unemployment benefits and 12 percent interest on that amount under ORS 657.310.
- The interest was intended as part of the restitution award, not as a separate civil damages award.
- The Department of Justice concedes the 12 percent interest is improper because it exceeds recoverable economic damages for restitution.
- The court relied on ORS 656.310 and ORS 31.710 to define recoverable damages and applied a 12 percent rate; the state concedes the error.
- The reviewing court reversed and remanded for resentencing to correct the restitution amount and interest.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 12% interest on restitution is proper | White: interest is part of restitution; 12% proper under ORS 657.310(4)-(5). | State: interest is not part of economic damages recoverable for restitution. | Interest improper; reversed for resentencing. |
Key Cases Cited
- State v. Carson, 238 Or.App. 188 (2010) (damages considered for restitution may draw from civil damages but are not coextensive)
- State v. Dillon, 292 Or. 172 (1981) (restitution not intended to mirror civil awards)