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Restitution Order Against Defendant Cannot Stand

Tuesday, April 5, 2022 | 0

The Oregon Court of Appeals ruled that a trial judge erred in imposing restitution against a defendant without any evidence that the amounts corresponded to fee schedule rates. Case: State v. Gastiaburu, Nos. 18CR21211 and A172024, 03/23/2022, published. Facts and procedural history: Rosa Gastiaburu was driving under the influence of intoxicants when she struck another vehicle and caused injuries to its driver. Gastiaburu pleaded guilty to the crimes of driving under the influence and to fourth-degree assault. The state sought restitution from Gastiaburu to compensate the injured motor...

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