A138186 State v. Patton

Case Date: 09/01/2010
Docket No: 0402457CRA138186


FILED: September 1, 2010

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Plaintiff-Respondent,

v.

DONNA MARIE PATTON,

Defendant-Appellant.

Klamath County Circuit Court
0402457CR
A138186

Cameron F. Wogan, Judge.

Submitted on November 24, 2009.

Peter Gartlan, Chief Defender, and Mary M. Reese, Deputy Public Defender, Appellate Division, Office of Public Defense Services, submitted the brief for appellant.

John R. Kroger, Attorney General, Jerome Lidz, Solicitor General, and Leigh A. Salmon, Assistant Attorney General, submitted the brief for respondent.

Before Landau, Presiding Judge, and Schuman, Judge, and Ortega, Judge.

LANDAU, P. J.

Judgment of restitution reversed and remanded for resentencing; otherwise affirmed.

LANDAU, P. J.

At issue in this criminal case is whether the estate of a victim is itself a "person" that is entitled to restitution as a "victim" under ORS 137.106.