State v. McMinn, 929 P.2d 1009 (Or. Ct. App. 1996)

Cases | State v. McMinn, 929 P.2d 1009 (Or. Ct. App. 1996) | 2018

The defendant was convicted of two counts of sexual abuse in the second degree and five counts of sexual abuse in the third degree. The trial court ordered restitution and compensatory fines as part of the sentence. On appeal, the defendant argued that, because he entered a civil settlement with the victims that satisfied all claims against him, neither compensatory fines nor restitution should have been ordered. The court of appeals held that because the agreements themselves were not entered into the record, there was no way to determine whether claims for punitive damages survived the defendant’s settlement with his victims. The court of appeals affirmed the trial court’s sentencing