State v. Doty

Defendant was indicted for burglary, in which the victim claimed a loss of guns, jewelry and silver of a value over $3,300. ORS 164.225. After plea negotiations, defendant was indicted for theft in the second degree, ORS 164.045, and charged with taking guns and jewelry of a value of less than $200. To the latter charge defendant pled guilty, and the charge of burglary in the first degree was dismissed.

At the restitution hearing, ORS 137.106(1), the victim testified to a loss of property in excess of $2,000. Defendant admitted kicking in the victim’s door and taking a vacuum cleaner and a…