State v. Toth

442 P.3d 1089, 365 Or. 169
CourtOregon Supreme Court
DecidedJune 13, 2019
DocketCC C141378CR (SC S065929)
StatusPublished

This text of 442 P.3d 1089 (State v. Toth) is published on Counsel Stack Legal Research, covering Oregon Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Toth, 442 P.3d 1089, 365 Or. 169 (Or. 2019).

Opinion

BALMER, J.

*1090**171This case concerns whether the trial court erred in sentencing defendant to pay a $150,000 compensatory fine. We considered many of the issues presented by this case in State v. Moreno-Hernandez , 365 Or. 175, 442 P.3d 1092 (2019), a case involving defendant's codefendant. As in Moreno-Hernandez , we conclude that the trial court erred, and remand for resentencing.

Defendant was the manager of a strip club in the Beaverton area. Moreno-Hernandez brought S, a thirteen-year-old girl, to defendant's strip club, where defendant and Moreno-Hernandez agreed that S would work at the club. While working at the strip club, S engaged in prostitution and the two men split the proceeds. In addition, defendant had sex with S.

Ultimately, S was brought into the legal custody of the Department of Human Services (DHS). DHS sent S to Mingus Mountain, a treatment facility that specializes in the treatment of girls who are emotionally or behaviorally at risk, including girls who, like S, have been sexually exploited. While there, S disclosed to counselors that she had been sexually abused by defendant and Moreno-Hernandez.

Defendant pleaded guilty to three counts relating to S: second-degree sodomy, first-degree sexual abuse, and compelling prostitution. He also pleaded guilty to a separate promoting prostitution charge that did not involve S. At sentencing, the trial court indicated that it was interested in imposing a compensatory fine and inquired into whether that was an available option in this case. The prosecutor stated that S's treatment at Mingus Mountain had resulted in economic damages. Defendant objected to the imposition of a compensatory fine, arguing, among other things, that there was no evidence that S had suffered economic damages.

On the single compelling prostitution conviction, the trial court imposed a $200 fine as well as a $150,000 compensatory fine ultimately payable to S. The trial court also imposed an overall sentence of 180 consecutive months in prison.

**172Defendant appealed, assigning error to the imposition of the compensatory fine. The Court of Appeals, relying on its decision in State v. Moreno-Hernandez , 290 Or. App. 468, 415 P.3d 1088 (2018), held that "it was plain error to award a compensatory fine in addition to a punitive fine." State v. Toth , 290 Or. App. 925, 927, 417 P.3d 479 (2018). The Court of Appeals further reasoned that because " '[t]he record contains no evidence that [the victim] ever incurred any objectively verifiable economic obligation for the treatment and, therefore, ever suffered any economic damages as a result of defendant's crimes' " a remand was unnecessary. Id. (quoting Moreno-Hernandez , 290 Or. App. at 474, 415 P.3d 1088 ).

The state petitioned for review. Here, as in our decision in Moreno-Hernandez , we agree with the Court of Appeals, albeit for a different reason, that the trial court erred in imposing a compensatory fine, but conclude that it is appropriate to remand for resentencing.

Before designating a portion of a fine to be paid to a victim as a compensatory fine, three requirements must be satisfied. "The first is that the crime must 'result[ ] in injury,' " Moreno Hernandez , 365 Or. at 181, 442 P.3d 1092 (quoting ORS 137.101(1) ). Second, the victim must meet one of the statutory definitions of "victim" in ORS 137.103(4), most of which-including ORS 137.103(4)(a),1 which is the only definition in play here-require that the victim have suffered "economic damages." Economic damages is defined by ORS 31.710 to include, among other items, "reasonable charges necessarily incurred for medical, hospital, nursing and rehabilitative services and other health care services * * *." "The third inquiry 'is whether those damages were recoverable against the defendant in a civil action.' " Moreno Hernandez , 365 Or. at 183, 442 P.3d 1092 (quoting State v. Barkley , 315 Or. 420, 438, 846 P.2d 390 (1993) ).

*1091In this case, there is no dispute that defendant's sexual abuse and prostitution of S resulted in injury. However, **173the parties disagree as to whether the other two criteria are satisfied on this record. In Moreno-Hernandez , we recognized that Oregon's longstanding rule that a child's medical expenses are damages incurred by the parents, not by the child, was dispositive. Moreno Hernandez , 365 Or. at 189,

Related

State v. Edson
985 P.2d 1253 (Oregon Supreme Court, 1999)
State v. Barkley
846 P.2d 390 (Oregon Supreme Court, 1993)
State v. Toth
417 P.3d 479 (Court of Appeals of Oregon, 2018)
State v. Moreno-Hernandez
442 P.3d 1092 (Oregon Supreme Court, 2019)
State v. Moreno-Hernandez
415 P.3d 1088 (Court of Appeals of Oregon, 2018)

Cite This Page — Counsel Stack

Bluebook (online)
442 P.3d 1089, 365 Or. 169, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-toth-or-2019.