State v. Shockey
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236 August 9, 2017 No. 391 IN THE COURT OF APPEALS OF THE STATE OF OREGON STATE OF OREGON, Plaintiff-Respondent, v. CORINA SHOCKEY, Defendant-Appellant. Wasco County Circuit Court 1400114M; A158354 Karen Ostrye, Judge. (Judgment) Janet L. Stauffer, Judge. (Amended Judgment) On appellant’s petition for reconsideration filed June 7, 2017. Opinion filed May 24, 2017. 285 Or App 718, ___ P3d ___. Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Erin J. Snyder Severe, Deputy Public Defender, Office of Public Defense Services, for petition. Before Ortega, Presiding Judge, and Lagesen, Judge, and Garrett, Judge. PER CURIAM Reconsideration allowed; former disposition withdrawn; former opinion modified and adhered to as modified; award of restitution reversed; remanded for entry of amended judgment omitting restitution award; otherwise affirmed. Case Summary: Defendant petitions for reconsideration of State v. Shockey, 285 Or App 718, ___ P3d ___ (2017), in which the Court of Appeals held that the statutory civil penalty for the unlawful taking of a raptor authorized by ORS 496.705 did not establish that the victim of defendant’s crime, the Oregon Department of Fish and Wildlife, had suffered economic damages so as to permit the award of restitution that the trial court ordered defendant to pay. The court remanded for resentencing based on its determination that no other evidence supported the award of restitution to the victim. Defendant argued that the court’s conclusion that no evidence supported the award of restitution foreclosed the trial court from imposing either restitution or a compensatory fine on remand. Held: The Court of Appeals modified its previous opinion to reverse the restitution award, remand for entry of an amended judgment omitting the restitution award, and otherwise affirmed. Cite as 287 Or App 236 (2017) 237 Reconsideration allowed; former disposition withdrawn; former opinion modified and adhered to as modified; award of restitution reversed; remanded for entry of amended judgment omitting restitution award; otherwise affirmed. 238 State v. Shockey PER CURIAM Defendant petitions for reconsideration of our decision in State v. Shockey, 285 Or App 718, ___ P3d ___ (2017), in which we held that the statutory civil penalty for the unlawful taking of a raptor authorized by ORS 496.705 did not establish that the victim of defendant’s crime, the Oregon Department of Fish and Wildlife (ODFW), had suffered economic damages so as to permit the award of restitution that the trial court ordered defendant to pay. We remanded for resentencing based on our determination that no other evidence supported the award of restitution to ODFW. Defendant points out that we concluded that there is no evidence to support a finding that ODFW suffered any economic damages as a result of defendant’s conduct and argues that that determination forecloses the trial court from imposing either restitution or a compensatory fine on remand. Thus, in defendant’s view, the proper disposition is to reverse the restitution award and remand for entry of an amended judgment omitting restitution. The state has not opposed the petition. Under those circumstances, we agree with defendants, allow reconsideration, and modify our opinion to provide for the following disposition: “Award of restitution reversed; remanded for entry of amended judgment omitting restitution award; otherwise affirmed.” To the extent our opinion refers to a remand for resentencing in other places, we disavow those references. Reconsideration allowed; former disposition withdrawn; former opinion modified and adhered to as modified; award of restitution reversed; remanded for entry of amended judgment omitting restitution award; otherwise affirmed.
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