State v. Allen
State v. Allen
Opinion of the Court
Defendant was convicted, after a jury trial, of two counts of attempted rape in the first degree, ORS 161.405, one count of rape in the first degree, ORS 163.375, six counts of sexual abuse in the first degree, ORS 163.427, one count of sodomy, ORS 163.405, and two counts of coercion, ORS 163.275. He appeals from the judgment, seeking a modification of his sentence. We affirm.
Defendant contends that the court’s order of restitution not to exceed $10,000 “for counseling” for each victim exceeds the court’s authority under ORS 137.103
However, the court’s restitution order is appropriate because the amount of damage is not “readily ascertainable.” See State v. Petrie, 60 Or App 351, 355, 653 P2d 1015 (1982), rev den 294 Or 492 (1983). The restitution encompasses past counseling costs as well as anticipated, but not readily ascertainable, future counseling costs. Defendant will pay only for actual expenses, and his liability is limited to a maximum of $10,000 per victim. The future costs may be included in the amount of restitution because they are “reasonably predictable.” See State v. Hart, 299 Or 128, 135, 699 P2d 1113 (1985). The presentence report shows that the victims’ counselor and Children’s Services Division believed that the victims would need future counseling. The court did not err.
Affirmed.
ORS 137.103(2) provides:
“ ‘Pecuniary damages’ means all special damages, but not general damages, which a person could recover against the defendant in a civil action arising out of the facts or events constituting the defendant’s criminal activities and shall include, but not be limited to, the money equivalent of property taken, destroyed, broken or otherwise harmed, and losses such as medical expenses and costs of psychological treatment or counseling.”
ORS 137.106(1) provides:
“When a person is convicted of criminal activities which have resulted in pecuniary damages, unless the presentence investigation report contains such a presentation, the district attorney shall investigate and present to the court, prior to or at the time of sentencing, evidence of the nature and amount of such damages. In addition to any other sentence it may impose, the court may order that the defendant make restitution to the victim.”
Reference
- Full Case Name
- STATE OF OREGON v. JAMES DEWAYNE ALLEN
- Cited By
- 1 case
- Status
- Published