State v. Wise, 946 P.2d 363 (Or. Ct. App. 1997)

Cases | State v. Wise, 946 P.2d 363 (Or. Ct. App. 1997) | 2018

The defendant was convicted on two counts of first-degree theft; the court ordered restitution in the amount of $1,090. On appeal, the defendant objected to the amount of restitution and argued that, since the property she stole was worth $750, the court was not authorized to impose a restitution order of $1,090, which was how much the state said it would take to repurchase property similar to that which was stolen. The court of appeals held that since conversion would be the civil action, the reasonable market value at the time the property was stolen is the appropriate measure for damages; the trial court’s order of restitution was not inconsistent with this measure. The court of appeals affirmed the judgment.