State v. Gerhardt

Defendant appeals an amended judgment of conviction for strangulation, ORS 163.187, challenging the trial court’s order that he pay restitution for attorney fees that the court found that the victim had incurred as a result of the strangulation. Defendant contends that the trial court erred in awarding restitution because the attorney fees were not incurred as a result of the strangulation but, rather, as a result of defendant’s persistent violation of a no-contact order that a court had entered after defendant’s arrest. We agree with defendant and reverse the restitution award.

The facts are…