State v. Thompson, 166 P.3d 575

PER CURIAM.

Defendant was convicted on one count of first-degree sexual abuse, ORS 163.427, and one count of third-degree sexual abuse, ORS 163.415. On appeal, defendant asserts that the trial court erred in imposing a compensatory fine of $1,000. Defendant asserts that no evidence was presented to support such a fine. The state concedes that such fines may not be imposed in the absence of evidence that, in this case, the victim has actually suffered a pecuniary loss. We find the state‘s concession to be well-taken and, consequently, accept it. See State v. Donahue, 165 Or.App. 143, 995 P.2d 1202 (2000).

Compensatory fine vacated; remanded for resentencing; otherwise affirmed.

Case Details

Case Name: State v. Thompson

Court Name: Court of Appeals of Oregon

Date Published: Aug 15, 2007

Citations: 166 P.3d 575; 214 Or. App. 471; F13291 A132620

Docket Number: F13291 A132620

Court Abbreviation: Or. Ct. App.