State v. Neese

Defendant petitions for reconsideration of our opinion in State v. Neese, 226 Or App 407, 203 P3d 364 (2009) (Neese II). In Neese II, we affirmed defendant’s durational departure sentences for a variety of sex offenses because the facts underlying those departure sentences had been established beyond legitimate debate. Id. at 409. Defendant now argues that this court should have remanded the case for resentencing because the trial court imposed a compensatory fine in the absence of evidence demonstrating a pecuniary loss by the victim.

Defendant was convicted of two counts of first-degree…