State v. Christy
State v. Christy
Opinion of the Court
For breaking into the home of a 73-year-old woman against whom he had a history of violent conduct, defendant pleaded guilty to, and was convicted of, first-degree burglary, ORS 164.225; third-degree theft, ORS 164.043; and second-degree criminal mischief, ORS 164.354.
As to defendant’s challenge to the restitution award, we review the court’s award to determine whether it correctly applied the applicable law and whether its factual determinations are supported by the evidence. State v. Jordan, 249 Or App 93, 96, 274 P3d 289, rev den, 353 Or 103 (2012). ORS 137.106 governs awards of restitution in criminal cases. It authorizes a trial court in a criminal case to award restitution to a victim of the defendant’s criminal activities for reasonably foreseeable economic damages
Here, defendant has not disputed that the expenses incurred by the victim in connection with the security system were reasonably foreseeable, and there is evidence to support a finding that defendant’s criminal activities were the “but for” cause of the expenses that the victim incurred in connection with the security system. The victim testified that she had lived in her house for 29 years without need for a security system and that, but for defendant’s criminal conduct, she would not have needed one, given the particular community in which she lived. However, defendant’s criminal conduct of breaking into her house and the likelihood that he would repeat it upon his release from jail made it necessary to install a security system so that she could live safely in her own house, in view of the threat posed by defendant.
In urging us to conclude that the expenses incurred for the security system are not recoverable as restitution, defendant relies on State v. Steckler, 236 Or App 524, 237 P3d 882 (2010). In Steckler, we concluded that a pharmacy was not entitled to restitution for the expenses that it incurred in installing a security system after the defendant had robbed it. Id. at 529. But, as we later clarified in Pumphrey, our
As to defendant’s challenge to the trial court’s order to pay court-appointed attorney fees, defendant argues that the trial court lacked authority to impose that award because the record contains no evidence regarding defendant’s ability to pay attorney fees. Defendant acknowledges that his claim of error is not preserved, but contends that the error is plain and that we should exercise our discretion to correct it. The state concedes that the record does not contain any evidence regarding defendant’s ability to pay attorney fees, and that, as a result, the trial court plainly erred by ordering defendant to pay fees.
We accept the state’s concession that the trial court plainly erred in imposing attorney fees of $1,135 on this record. See State v. Coverstone, 260 Or App 714, 716, 320 P3d 670 (2014) (holding a trial court plainly errs by imposing court-appointed attorney fees where the record contains no evidence regarding the defendant’s ability to pay them). We conclude further that it is appropriate to exercise our discretion to correct the error. In particular, given the evidence of defendant’s individual circumstances, including his age (66 at the time of sentencing), his significant struggles with alcohol, the fact that defendant was about to begin an in-patient treatment program for his alcohol addiction and would not be working even if he might have the capacity
Portion of judgment requiring defendant to pay court appointed attorney fees reversed; otherwise affirmed.
According to defendant’s admissions in the plea petition, the state’s summary of the facts at the plea hearing, and the additional evidence presented at the restitution hearing, defendant entered the victim’s home while she was out of the house. Upon returning home, the victim found defendant in her upstairs bathroom. The victim was startled by the defendant’s presence and fell down the stairs as a result. Defendant fled through a second-floor window. Later, the victim discovered that defendant had left a large carving knife under a chair in her living room. While defendant was in the victim’s house, he drank her alcohol, which led to the theft charge against him. Defendant also damaged property while in the victim’s house.
Although defendant’s brief indicates that the amount of restitution attributable to the home security system is $1,690.05, the transcript reflects that the amount attributable to the home security system is $1,641.96.
For purposes of the restitution statutes, “criminal activities” means “any offense with respect to which the defendant is convicted or any other criminal conduct admitted by the defendant.” ORS 137.103(1). “Economic damages” has the meaning given to it by ORS 31.710. ORS 137.103(2).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.