· 8/4/1999
State v. Kappelman
Citations
- 986 P.2d 603
- 162 Or. App. 170
- 1999 Ore. App. LEXIS 1386
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that defendant’s guilty plea “was not an admission of any facts that went beyond the essential elements of the charge”
- suggesting that admissions of criminal conduct must “bind [the] defendant and preclude him from contesting” the admission
- deeming imposition of compensatory fine to be plain error where “the factual predicate for the restitution award is, at present, lacking”
- restitution award can be based on guilty plea, a defendant’s admissions, or factual findings supported by the record
- “[I]f a defendant convicted of hit and run ‘caused’ the accident, then the defendant may be ordered to pay restitution for damages resulting from the accident.”
- plea agreement does not implicitly admit facts beyond the essential elements of the charge
Source: CourtListener parenthetical corpus (CC0).
Judges: De Muniz, Haselton, Linder
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.