State v. Shockey

Defendant petitions for reconsideration of our decision in State v. Shockey, 285 Or App 718, 398 P3d 444 (2017), in which we held that the statutory civil penalty for the unlawful taking of a raptor authorized by ORS 496.705 did not establish that the victim of defendant’s crime, the Oregon Department of Fish and Wildlife (ODFW), had suffered economic damages so as to permit the award of restitution that the trial court ordered defendant to pay. We remanded for resentencing based on our determination that no other evidence supported the award of restitution to ODFW. Defendant points out that…