State v. Williams, 939 P.2d 93 (Or. App. Ct. 1997)

Cases | State v. Williams, 939 P.2d 93 (Or. App. Ct. 1997) | 2018

The defendant was convicted of failing to perform the duties of a driver and sentenced to 21 months incarceration, two years post-prison supervision, and restitution of $680 to be paid to the victim. On appeal, the defendant and the state agreed that, at the time the crime was committed, “the trial court lacked the authority to impose restitution without proof that the victim’s pecuniary damages resulted from [the] defendant’s failure to remain at the scene of the accident.” The state argued the case should be remanded for resentencing; the defendant argued the restitution order should be vacated. The state argued “that there is ample authority under which the trial court could have imposed a fine. . . and that it would have done so had it known that the restitution obligation would be vacated.” The court of appeals found no “sentencing plan or scheme under which the trial court would have imposed a fine under these circumstances” and vacated the order of restitution.