State v. Guerrero, 896 P.2d 14 (Or. Ct. App. 1995)

Cases | State v. Guerrero, 896 P.2d 14 (Or. Ct. App. 1995) | 2018

The defendant was convicted for failure to perform the duties of a driver when he was involved in an automobile accident and did not stop to offer assistance to the victim. The defendant was ordered to pay restitution to the victim’s mother. On appeal, the defendant claimed the restitution order was in error because the state failed to prove that the criminal activity resulted in the necessary pecuniary damage to the victim’s estate, in this case, the victim’s death. The court of appeals agreed that there was no evidence that had the defendant offered assistance, the victim would have lived and reversed the imposition of restitution.