State v. Howett, 56 P.3d 459 (Or. Ct. App. 2002)

Cases | State v. Howett, 56 P.3d 459 (Or. Ct. App. 2002) | 2018

The defendant plead guilty to theft in the first degree for having stolen at least $750 from her employer between October 3, 2000 and October 7, 2000. The trial court heard evidence that the victim believed the defendant had been stealing for a long time before October 3, 2000, and imposed $250 restitution to the victim for the victim’s insurance deductible and $3,000 restitution to the insurance company. On appeal, the defendant claimed the amount of restitution was in violation of the trial court’s authority, as limited by ORS § 137.106 on two grounds: 1.) the defendant was convicted of stealing $750 and 2) the undisputed evidence showed she had taken $843 during the time she was charged with stealing and, therefore, the additional amount of restitution for theft outside the time period for which she was convicted was inappropriate. The court held that the defendant was found guilty of stealing $750 or more, but also held that the trial court was only authorized to impose restitution in the amount the defendant stole during the period for which she was convicted, which was $843. The court of appeals reversed and remanded the case for resentencing.