State v. Seggerman, 3 P.3d 168 (Or. Ct. App. 2000)

Cases | State v. Seggerman, 3 P.3d 168 (Or. Ct. App. 2000) | 2018

The defendant pled guilty to conspiracy to commit theft in the first degree after backing out of a plan to rob the convenience store he was managing and agreed to pay, as part of his plea bargain, $5,000 restitution to the victim’s insurance carrier. After a restitution hearing, the sentencing court found the defendant capable of working and of paying an additional $6,000 restitution. On appeal, the defendant argued that because he neither admitted to nor was convicted of the actual theft, the court lacked the authority under ORS § 137.106 to impose an order of restitution upon him. The court of appeals agreed, holding that because “[t]he state presented no evidence linking any portion of the victim’s loss to defendant’s conviction,” any amount of restitution above the $5000 stipulated to in the plea agreement was erroneous. The conviction was affirmed, but the case was remanded for resentencing.