State v. Donahue
Cases that cite this one
1 later published case cites this decision.
- State v. Donahue (Or. Ct. App. 2000)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Defendant appeals from a conviction and sentencing for first-degree sexual abuse, ORS 163.427. Defendant argues that the trial court erred in allowing a state’s witness to testify to a medical diagnosis of the victim of sexual abuse and that the trial court erred in imposing a compensatory fine. We vacate the compensatory fine and otherwise affirm.
A compensatory fine may be awarded only if the trial court finds that the victim suffered a pecuniary loss. State v. Barkley, 315 Or 420, 438, 846 P2d 390, cert den 510 US 837 (1993) ; State v. Forrester, 130 Or App 459, 462, 882 P2d 1124 (1994) . Here, no evidence was submitted that the victim suffered a pecuniary loss, and the trial court expressly found that there was no pecuniary loss.
Compensatory fine vacated; otherwise affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.