State v. Mendez

Defendant, who was convicted of first-degree criminal mischief, ORS 164.365, appeals, challenging the trial court’s imposition of restitution in an amount greater than $1,000. Defendant raises two arguments: (1) The trial court, in awarding restitution of $1,665.99, impermissibly “re-examined” a “fact tried by a jury,” violating Article VII (Amended), section 3, of the Oregon Constitution.1 Specifically, defendant contends that, because the jury had previously found, for purposes of determining the crime seriousness of defendant’s offense, that the “value of the damage” caused by defendant’s…