State v. Islam

Defendant shoplifted 15 pairs of jeans from a Macy’s retail department store and was convicted of one count of theft in the second degree. ORS 164.045. Under ORS 137.106(1) (a), the prosecutor sought restitution for Macy’s economic damages based on the retail price of the jeans at the time and place of the theft. Defendant argued that restitution instead should be based on the value of the jeans on the wholesale market—the market to which Macy’s would resort to replace the jeans—and any lost profits that Macy’s could prove resulted from the theft. The trial court granted restitution based on…