State v. Tuma, 637 P.2d 614 (Or. 1981)

Cases | State v. Tuma, 637 P.2d 614 (Or. 1981) | 2018

The defendant was convicted of two burglaries, sentenced to not more than 10 years in prison and required to pay restitution for many things, including airfare expenses incurred by victims to fly home to inventory their missing property. On appeal, the defendant argued that the airfare component of the restitution order was not statutorily authorized. The supreme court held that if the defendants flew home early to inventory their possessions as a result of the defendant’s criminal activity, it would be a pecuniary harm. However, no evidence showed the victims flew home early or spent money they would otherwise not have spent. The order of restitution was reversed, and the case remanded for sentencing.