State v. Jameson
State v. Jameson
Opinion of the Court
Defendant was convicted of the traffic infraction of making a left turn without signalling. ORS 487.405. The trial court imposed fines and costs of $22.64 and ordered defendant to pay restitution of $100 to the victim of an accident that ensued. The total property damage to the victim’s automobile was $1,803.87, of which all but $100 was paid by the victim’s insurer. No personal injuries were involved. The question on appeal is whether the trial court had authority to order restitution for a traffic infraction. We conclude that it did not.
ORS 137.106 authorizes restitution for pecuniary damages when a person is "convicted of criminal activities.” ORS 137.103(1) defines "criminal activities” to mean "any offense with respect to which the defendant is convicted or any other criminal conduct admitted by the defendant.” (emphasis added) We pointed out in State v. Zimmerman, 37 Or App 163, 586 P2d 377 (1978), that ORS 137.103(1) was "inartfully drafted.”
In State v. Stalheim, supra, the court held that because of the "legal and practical complexities” inherent in restitution statutes, such statutes will be narrowly construed to reflect only the express legislative directive. Those legal and practical difficulties discussed in Stalheim are compounded if restitution is extended to traffic infractions.
Reversed and remanded for resentencing.
We stated in State v. Zimmerman that the second clause of ORS 137.103(1), "or any other criminal conduct admitted by the defendant,” is not an independent basis for ordering restitution.
Reference
- Full Case Name
- STATE OF OREGON v. DOUGLAS LEE JAMESON
- Cited By
- 2 cases
- Status
- Published