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State v. Martinez

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Criminal Procedure
  • Date Filed: 11-02-2011
  • Case #: 143343
  • Judge(s)/Court Below: Rosenblum, S.J. for the Court; Ortega, P.J.; Sercombe, J.

Delay in a motion requesting an amended judgment for restitution meets the 鈥済ood cause鈥 requirement if it is not due to neglect, inadvertence, or inattentiveness. Awaiting information from a victim's compensation program does constitute "good cause".

Roque Tomas Martinez (Martinez) was convicted of second-degree assault. Eighty-five days after the conviction, the state requested and was granted an amended reward granting restitution to the victim. The trial court determined that the delay was for good cause, because the prosecutor was forced to await a decision from victim's compensation program. On appeal, Martinez asserted that the state鈥檚 reasoning did not amount to 鈥済ood cause鈥. The Court of Appeals held that inadvertence, neglect, and inattentiveness to the passage of time do not meet the requirement. However, the Court found that despite lack of cooperation from the victim, necessary documentation was provided to support a restitution award. Thus, the lack of cooperation was not the cause for delay, but rather the wait for the necessary information was the cause, which met the standard for 鈥済ood cause鈥. Affirmed.

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