State v. Sigman, 919 P.2d 45 (Or. Ct. App. 1996)

Cases | State v. Sigman, 919 P.2d 45 (Or. Ct. App. 1996) | 2018

The defendant was convicted of first-degree burglary, first-degree theft, and second-degree theft after participating in a crime spree with another man, who had beaten the victim. The sentencing court imposed restitution, including $590.52 for the victim’s medical expenses, because evidence indicated that the defendant knew the victim would be beaten, even though he may not have participated in the assault. On appeal, the defendant argued that ORS § 137.106 requires a causal connection between the pecuniary damage suffered by the victim and the criminal activity for which he was convicted or to which he has admitted; since he had not admitted to or been convicted of assault, the defendant objected to paying the victim’s medical expenses. The court of appeals held that the trial court may not simply determine on its own that a defendant could be guilty and impose restitution on that basis when there was no evidence that any crime committed by the defendant resulted in the victim’s medical expenses. The convictions were affirmed, but the case was remanded for resentencing.