State v. Spino, 925 P.2d 101 (Or. Ct. App. 1996)

Cases | State v. Spino, 925 P.2d 101 (Or. Ct. App. 1996) | 2018

The defendant plead guilty to criminally negligent homicide and was sentenced to pay restitution to the Criminal Injuries Compensation Account (Account) to cover funeral, medical, and ambulance charges the Account had paid on behalf of the victim. On appeal, the defendant argued that the trial court lacked authority to order restitution to the Account because the account is not a “victim” under ORS § 137.103. The court of appeals held that a “victim” is defined as any “person,” which includes government instrumentalities such as the Account. Furthermore, the Account suffered pecuniary harm as a result of the defendant’s actions. The order of restitution was affirmed.