State v. Martinez

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that an error is plain where the record is devoid of any evidence from which the court could find that defendant’s criminal conduct resulted in the contested damages
• exercising discretion to correct an unpreserved error in awarding $273 of restitution
• “The amount of restitution is not insubstantial given defen- dant’s circumstances; moreover, the interests of justice mili- tate against requiring a defendant to pay an obligation that is totally unsubstantiated by the record.”
• the trial court's inclusion of $273 to Care Oregon in the restitution award was plain error because \the record was devoid of any evidence from which the court could find that defendant's criminal conduct resulted in economic damages\
• exer- cising our discretion to correct $273 restitution award to an insurance company unsupported by evidence because the “the interests of justice militate against requiring a defen- dant to pay an obligation that is totally unsubstantiated by the record”
• exercising discretion to correct a plainly erroneous restitution award

Source: CourtListener parenthetical corpus (CC0).

Cited by

11 cases in this archive cite this case.

• State v. Riverman
  Court of Appeals of Oregon· 2022-06-15· cited 171×
• State v. Peirce
  Court of Appeals of Oregon· 2019-04-03· cited 9×
• State v. Morgan
  Court of Appeals of Oregon· 2015-09-30· cited 7×
• State v. Emerine
  Court of Appeals of Oregon· 2020-12-30· cited 3×
• State v. Park
  Court of Appeals of Oregon· 2022-02-24· cited 3×
• State v. White
  Court of Appeals of Oregon· 2013-03-06· cited 1×
• State v. Harry
  Court of Appeals of Oregon· 2020-02-20· cited 1×
• State v. Mattila
  Court of Appeals of Oregon· 2025-01-02· cited 1×
• State v. Gallup
  Court of Appeals of Oregon· 2018-03-14
• State v. Oidor
  Court of Appeals of Oregon· 2012-12-12
• State v. McKerrall
  Court of Appeals of Oregon· 2020-12-02

Cites

6 cases in this archive are cited by this case.

• Ailes v. Portland Meadows, Inc.
  Oregon Supreme Court· 1991-12-12· cited 1,060×
• State v. Tippetts
  Court of Appeals of Oregon· 2010-12-15· cited 15×
• State v. Harrington
  Court of Appeals of Oregon· 2009-07-08· cited 14×
• State v. Gruver
  Court of Appeals of Oregon· 2011-12-14· cited 7×
• State v. Creech
  Court of Appeals of Oregon· 2010-04-28· cited 1×
• State v. Creech
  Oregon Supreme Court· 2010-08-18· cited 1×