State v. Shockey

For having a dead red-tailed hawk in her freezer, defendant was charged with unlawful possession of a raptor, ORS 498.002,1 a charge to which defendant pleaded guilty.2 Over defendant’s objection, the trial court ordered defendant to pay $2,000 in restitution to the Oregon Department of Fish and Wildlife (ODFW), under ORS 137.106. The court did so, even though the state presented no evidence that the hawk found in defendant’s freezer had a value of $2,000, or that defendant’s conduct of possessing the hawk otherwise caused ODFW to suffer a monetary loss of $2,000. It concluded that ORS…