State v. Craig

Court of Appeals of Oregon

State v. Craig

625 P.2d 684, 51 Or. App. 357, 1981 Ore. App. LEXIS 2225

CourtCourt of Appeals of Oregon

DecidedMarch 23, 1981

DocketNo. 10-79-08722, CA 17822

StatusPublished

Cited by1 cases

This text of 625 P.2d 684 (State v. Craig) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Craig, 625 P.2d 684, 51 Or. App. 357, 1981 Ore. App. LEXIS 2225 (Or. Ct. App. 1981).

Pincite

Opinion

CAMPBELL, J.

PRO TEMPORE.

In the course of being arrested for being a minor in possession of alcohol, defendant entered into a fracas with Springfield Police Officers Michael Carlile and Michael McCluhan. Officer Carlile suffered arm injuries and incurred medical expenses and time loss in the amount of $636.84. Officer McCluhan received eye injuries resulting in $4,607.78 in expenses. The State Accident Insurance Fund (SAIF) paid these expenses. Defendant was convicted of assault in the second degree and assault in the fourth degree. As a condition of probation, defendant was ordered to make restitution to SAIF in the amount of $5,244.62. See ORS 137.103 et seq. On appeal, defendant contends SAIF is not a proper recipient of the restitution award.

The record indicates that the two police officers have both brought civil actions against the defendant. Even though the injured police officers have apparently made an election under ORS 656.578, we cannot determine the amount of the payments SAIF will receive by virtue of its lien on the officers’ causes of action, ORS 656.580(2), 656.593(1). We therefore remand this case to the trial court for resentencing to require the defendant to make restitution in the amount of $5,244.62 to the injured police officers and SAIF as their interests may appear. See State v. Divers, 51 Or App 351, 625 P2d 681 (1980).

Remanded for resentencing.

Free access — add to your briefcase to read the full text and ask questions with AI

CAMPBELL, J.

PRO TEMPORE.

In the course of being arrested for being a minor in possession of alcohol, defendant entered into a fracas with Springfield Police Officers Michael Carlile and Michael McCluhan. Officer Carlile suffered arm injuries and incurred medical expenses and time loss in the amount of $636.84. Officer McCluhan received eye injuries resulting in $4,607.78 in expenses. The State Accident Insurance Fund (SAIF) paid these expenses. Defendant was convicted of assault in the second degree and assault in the fourth degree. As a condition of probation, defendant was ordered to make restitution to SAIF in the amount of $5,244.62. See ORS 137.103 et seq. On appeal, defendant contends SAIF is not a proper recipient of the restitution award.

The record indicates that the two police officers have both brought civil actions against the defendant. Even though the injured police officers have apparently made an election under ORS 656.578, we cannot determine the amount of the payments SAIF will receive by virtue of its lien on the officers’ causes of action, ORS 656.580(2), 656.593(1). We therefore remand this case to the trial court for resentencing to require the defendant to make restitution in the amount of $5,244.62 to the injured police officers and SAIF as their interests may appear. See State v. Divers, 51 Or App 351, 625 P2d 681 (1980).

Remanded for resentencing.

Cite This Page — Counsel Stack

Bluebook (online)

625 P.2d 684, 51 Or. App. 357, 1981 Ore. App. LEXIS 2225, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-craig-orctapp-1981.

Opinion

Related

Cite This Page — Counsel Stack