State v. Red-Dog

Court of Appeals of Oregon

State v. Red-Dog

323 P.3d 336, 261 Or. App. 106, 2014 WL 562416, 2014 Ore. App. LEXIS 160

CourtCourt of Appeals of Oregon

DecidedFebruary 12, 2014

DocketMI120823; A151782

StatusPublished

This text of 323 P.3d 336 (State v. Red-Dog) 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. Red-Dog, 323 P.3d 336, 261 Or. App. 106, 2014 WL 562416, 2014 Ore. App. LEXIS 160 (Or. Ct. App. 2014).

Pincite

Opinion

PER CURIAM

In this case, defendant entered a guilty plea to one count of second-degree theft, ORS 164.045, for stealing DVDs from Walmart, which Walmart recovered. On appeal, defendant challenges only the trial court’s imposition of a $25 compensatory fine to Walmart as a restocking fee, contending that the evidence was insufficient to establish that Walmart suffered economic damage as required by ORS 137.101. The state concedes the error, and we agree and accept the concession. See State v. Donahue, 165 Or App 143, 145, 995 P2d 1202 (2000) (“[A] compensatory fine may be awarded only if the trial court finds that the victim has suffered pecuniary loss as a result of the defendant’s criminal activities.”). Accordingly, we reverse the trial court’s imposition of the compensatory fine and remand with instructions to enter a judgment deleting the compensatory fine, and otherwise affirm.

Reversed and remanded for entry of a judgment omitting the $25 compensatory fine; otherwise affirmed.

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PER CURIAM

In this case, defendant entered a guilty plea to one count of second-degree theft, ORS 164.045, for stealing DVDs from Walmart, which Walmart recovered. On appeal, defendant challenges only the trial court’s imposition of a $25 compensatory fine to Walmart as a restocking fee, contending that the evidence was insufficient to establish that Walmart suffered economic damage as required by ORS 137.101. The state concedes the error, and we agree and accept the concession. See State v. Donahue, 165 Or App 143, 145, 995 P2d 1202 (2000) (“[A] compensatory fine may be awarded only if the trial court finds that the victim has suffered pecuniary loss as a result of the defendant’s criminal activities.”). Accordingly, we reverse the trial court’s imposition of the compensatory fine and remand with instructions to enter a judgment deleting the compensatory fine, and otherwise affirm.

Reversed and remanded for entry of a judgment omitting the $25 compensatory fine; otherwise affirmed.

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Bluebook (online)

323 P.3d 336, 261 Or. App. 106, 2014 WL 562416, 2014 Ore. App. LEXIS 160, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-red-dog-orctapp-2014.

Opinion

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