Legal Opinion

State v. Labar

Court of Appeals of Oregon

Decided November 14, 2013No. 103435; A148485PublishedCited by 5 opinions

1Opinion of the CourtArmstrong, P. J.

Defendant appeals a supplemental judgment for restitution in the amount of $36,911.89 for property that defendant stole in a robbery at a Rite Aid pharmacy. Defendant contends that the court erred by awarding restitution to Rite Aid based on the retail value of the stolen property. According to defendant, the proper measure of economic damages for purposes of restitution was the wholesale value of the property and any profits lost by the store as a result of the theft. We reject defendant’s argument and affirm.

A jury convicted defendant of a number of crimes arising from robberies that…

2Cases cited5 opinions

  1. Mustola v. ToddyOregon Supreme Court · 1969
  2. Hall v. WorkOregon Supreme Court · 1960
  3. Willamette Quarries, Inc. v. WodtliOregon Supreme Court · 1989
  4. Hayes Oyster Co. v. DulcichCourt of Appeals of Oregon · 2000
  5. State v. ONISHCHENKOCourt of Appeals of Oregon · 2012

3Cited by5 opinions

  1. State v. McClellandCoos County Circuit Court, Oregon · 2016
  2. State v. RamosCourt of Appeals of Oregon · 2014
  3. Communication Management Services, LLC v. Qwest Corp.District Court, D. Oregon · 2014
  4. State v. IslamCourt of Appeals of Oregon · 2015
  5. State v. RockCourt of Appeals of Oregon · 2016

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