State v. Fiez

Court of Appeals of Oregon

State v. Fiez

47 P.3d 529, 181 Or. App. 656, 2002 Ore. App. LEXIS 854

CourtCourt of Appeals of Oregon

DecidedMay 29, 2002

DocketCR0002075; A114902

StatusPublished

This text of 47 P.3d 529 (State v. Fiez) 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. Fiez, 47 P.3d 529, 181 Or. App. 656, 2002 Ore. App. LEXIS 854 (Or. Ct. App. 2002).

Pincite

Opinion

PER CURIAM

Defendant was convicted of first-degree sexual abuse, ORS 163.427, and attempted first-degree rape, ORS 163.375, after a plea of no contest. At sentencing, the trial court imposed the mandatory minimum sentence of 75 months’ imprisonment on the sexual abuse conviction and imposed a consecutive sentence of 10 years’ probation on the attempted rape conviction. Over defendant’s objections, the court further imposed a compensatory fine of $1,500 for each of the two victims. Defendant argues on appeal that a compensatory fine may be awarded only if the trial court finds that the victim has suffered a pecuniary loss as a result of defendant’s activities. See generally State v. Barkley, 315 Or 420, 846 P2d 390, cert den 510 US 837 (1993); State v. Donahue, 165 Or App 143, 995 P2d 1202 (2000). The state concedes that the record in this case contains no evidence that the victims suffered pecuniary damages. We find the state’s concession to be well founded and we accept it.

Convictions affirmed; remanded for resentencing.

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PER CURIAM

Defendant was convicted of first-degree sexual abuse, ORS 163.427, and attempted first-degree rape, ORS 163.375, after a plea of no contest. At sentencing, the trial court imposed the mandatory minimum sentence of 75 months’ imprisonment on the sexual abuse conviction and imposed a consecutive sentence of 10 years’ probation on the attempted rape conviction. Over defendant’s objections, the court further imposed a compensatory fine of $1,500 for each of the two victims. Defendant argues on appeal that a compensatory fine may be awarded only if the trial court finds that the victim has suffered a pecuniary loss as a result of defendant’s activities. See generally State v. Barkley, 315 Or 420, 846 P2d 390, cert den 510 US 837 (1993); State v. Donahue, 165 Or App 143, 995 P2d 1202 (2000). The state concedes that the record in this case contains no evidence that the victims suffered pecuniary damages. We find the state’s concession to be well founded and we accept it.

Convictions affirmed; remanded for resentencing.

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Bluebook (online)

47 P.3d 529, 181 Or. App. 656, 2002 Ore. App. LEXIS 854, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-fiez-orctapp-2002.

Opinion

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