State v. Guerrero

Defendant, who was convicted of failure to perform the duties of adriver, ORS 811.705(1), appeals, asserting that the trial court erred in requiring him to pay restitution under ORS 137.106. He argues, particularly, that the state failed to prove that the conduct for which he was convicted “resulted in” pecuniary damages, as required by ORS 137.106. We affirm defendant’s conviction, reverse the imposition of restitution, and remand for resentencing.

Defendant was involved in a collision with a motorcyclist in which the cyclist, Maurer, was seriously injured. Defendant fled the scene without…