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· 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 CourtListener

Sourced 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.