State v. Donahue

Court of Appeals of Oregon

State v. Donahue

950 P.2d 416, 151 Or. App. 704, 1997 Ore. App. LEXIS 1887

CourtCourt of Appeals of Oregon

DecidedDecember 17, 1997

DocketC9502-31026; CA A90121

StatusPublished

Cited by1 cases

This text of 950 P.2d 416 (State v. Donahue) 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. Donahue, 950 P.2d 416, 151 Or. App. 704, 1997 Ore. App. LEXIS 1887 (Or. Ct. App. 1997).

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Opinion

PER CURIAM

Defendant appeals from a conviction and sentencing for first-degree sexual abuse, ORS 163.427. Defendant argues that the trial court erred in allowing a state’s witness to testify to a medical diagnosis of the victim of sexual abuse and that the trial court erred in imposing a compensatory fine. We vacate the compensatory fine and otherwise affirm.

A compensatory fine may be awarded only if the trial court finds that the victim suffered a pecuniary loss. State v. Barkley, 315 Or 420, 438, 846 P2d 390, cert den 510 US 837 (1993) ; State v. Forrester, 130 Or App 459, 462, 882 P2d 1124 (1994) . Here, no evidence was submitted that the victim suffered a pecuniary loss, and the trial court expressly found that there was no pecuniary loss.

Compensatory fine vacated; otherwise affirmed.

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PER CURIAM

Defendant appeals from a conviction and sentencing for first-degree sexual abuse, ORS 163.427. Defendant argues that the trial court erred in allowing a state’s witness to testify to a medical diagnosis of the victim of sexual abuse and that the trial court erred in imposing a compensatory fine. We vacate the compensatory fine and otherwise affirm.

A compensatory fine may be awarded only if the trial court finds that the victim suffered a pecuniary loss. State v. Barkley, 315 Or 420, 438, 846 P2d 390, cert den 510 US 837 (1993) ; State v. Forrester, 130 Or App 459, 462, 882 P2d 1124 (1994) . Here, no evidence was submitted that the victim suffered a pecuniary loss, and the trial court expressly found that there was no pecuniary loss.

Compensatory fine vacated; otherwise affirmed.

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950 P.2d 416, 151 Or. App. 704, 1997 Ore. App. LEXIS 1887, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-donahue-orctapp-1997.

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