State v. Jefferson

Opinion

No. 817 August 26, 2026 571

This is a nonprecedential memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1).

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON, Plaintiff-Respondent,

v.

FREDERICK OWEN JEFFERSON, aka Frederick O. Jefferson, Defendant-Appellant.

Multnomah County Circuit Court 20CR70639, 23CR47511, 24CR59070; A186176 (Control), A186206, A186207

Christopher J. Marshall, Judge. Submitted August 5, 2026. Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Sara F. Werboff, Deputy Public Defender, Oregon Public Defense Commission, filed the brief for appellant.

Dan Rayfield, Attorney General, Paul L. Smith, Solicitor General, and E. Nani Apo, Assistant Attorney General, filed the brief for respondent.

Before Shorr, Presiding Judge, Powers, Judge, and O’Connor, Judge.

PER CURIAM Affirmed.

572 State v. Jefferson

PER CURIAM Defendant appeals from a judgment of conviction for first-degree criminal mischief (ORS 164.365), following a guilty plea, that imposed restitution in the amount of $6,528.85.1 Defendant contends that the trial court plainly erred in not advising him of his right to a jury trial on restitution , and therefore he did not validly waive that right. We have recently concluded that there is no right to a jury trial to contest a criminal restitution award under Article I, section 17, of the Oregon Constitution or the Sixth Amendment to the United States Constitution. State v. Myers, 349 Or App 80, 86-91, 591 P3d 1197 (2026); State v. Rich, 349 Or App 48, 68-70, 591 P3d 1241 (2026). Defendant’s claimed error is not error much less plain error.

Affirmed.

1 In this consolidated appeal from three separate judgments, defendant assigns error to the judgment only in Case No. 23CR47511.