State v. Jurado, 905 P.2d 274 (Or. Ct. App. 1995)

Cases | State v. Jurado, 905 P.2d 274 (Or. Ct. App. 1995) | 2018

The defendant plead guilty to a Class A misdemeanor, criminal possession of rented personal property, after failing to return a Nintendo game machine and two games to the victim. The trial court ordered restitution to cover replacement of the stolen objects, late fees for not having returned the machine and video games, and lost profits. On appeal, the defendant claimed the trial court erred in awarding lost profits since they could not have been recovered in a civil action, which is required by ORS § 137.106(1), on two grounds: the evidence of such profits was too speculative; and the victim did not attempt to mitigate the damage done. The state agreed that the amount of restitution ordered was excessive considering the evidence. The court of appeals agreed, holding that since the victim did have grounds to recover lost profits in a civil action if proved with reasonable certainty, the trial court did not err in awarding restitution for lost profits. The court also found that since the victim did not mitigate the loss, the restitution award was excessive. The court of appeals vacated the order and remanded for resentencing.