State v. Smith

The state petitions for review of our opinion, 116 Or App 558, 842 P2d 805 (1992), which we treat as a petition for reconsideration. ORAP 9.15(1). We allow the petition and adhere to our opinion.

The state challenges our holding that vacated compensatory fines to the three rape victims of defendant’s crimes. It argues that we incorrectly interpreted the compensatory fine statute, ORS 137.101,1 in concluding that only a victim who has suffered “pecuniary damages” is entitled to a compensatory fine. Under the state’s interpretation, although there was no evidence that established pecuniary loss…