State v. Frey

THORNTON, J.,

specially concurring.

I concur in the result reached in the prevailing opinion but only because the majority chooses to adhere to our prior decision in State v. Jameson, 37 Or App 151, 586 P2d 380, rev den 285 Or 479 (1979). In my view, Jameson was incorrectly decided and should now be overruled.

In Jameson this court held that no restitution could be required where a defendant was convicted following an accident of the traffic infraction of making an improper left turn. We said that a traffic infraction did not constitute "criminal activity” within the meaning of that term as used…