State v. Wilson, 92 P.3d 729 (Or. Ct. App. 2004)

Cases | State v. Wilson, 92 P.3d 729 (Or. Ct. App. 2004) | 2018

The defendant pleaded no contest to escape, and the trial court ordered $5,000 restitution to the Oregon Department of Corrections’ Fugitive Apprehension Unit (FAU), for its labor expenses associated with tracking and apprehending him. On appeal, the defendant argued that the state did not suffer any pecuniary damages. The court of appeals agreed, holding that restitution was improper because the record included no facts giving rise to a theory of civil liability under which the money could be recovered by the victim. The judgment was reversed and remanded for resentencing.