Oregon v. Moreno-HernandezAnnotate this Case
In 2012, defendant Victor Moreno-Hernandez, an adult man, met S, a thirteen-year-old girl. S moved in with defendant, and he had sex with her multiple times. He also supplied her with methamphetamine. Defendant introduced S to his eventual codefendant, Steven Toth, the manager of a strip club. Defendant and Toth agreed to have S work in the strip club, where she performed nude for customers and engaged in sexual acts with Toth and some of the club’s customers. Toth was paid for those acts of prostitution, and he split the proceeds with defendant. S ultimately left defendant and came into the legal custody of the Department of Human Services (DHS). After an investigation by law enforcement, defendant was charged with multiple crimes relating to his rape and sexual abuse of S. Defendant was convicted of two counts of second-degree rape, two counts of second-degree sodomy, two counts of second-degree unlawful sexual penetration, two counts of first-degree sexual abuse, one count of unlawful delivery of methamphetamine to a minor, and four counts of compelling prostitution. The trial court indicated that it was interested in imposing compensatory fines, as allowed by ORS 137.101(1), on those three compelling prostitution convictions. The issue defendant’s appeal raised for the Oregon Supreme Court’s review centered on whether the trial court properly sentenced defendant to pay three $50,000 compensatory fines. The Court arrived at the same outcome as the Court of Appeals- that it was error to impose the fine. However, in the Supreme Court’s view, “the legal error and the uncertainty as to what the trial court would have done had it approached sentencing as ORS 137.101 intended are reasons to remand.” The matter was remanded for further proceedings.