State v. Sercus

Defendant was convicted, based on a no contest plea, of one count of failure to perform the duties of a driver, ORS 811.700, after she hit the victim’s parked car when pulling out of a motel parking lot. Among other things, the court imposed $614 in restitution for the conviction. At the restitution hearing, the trial court sustained the prosecutor’s hearsay objection to defendant’s testimony that the motel manager “didn’t see any damage” to the victim’s car. On appeal, defendant contends that the court erred in excluding that testimony, because the hearsay rule does not apply in restitution…