State v. Gruver, 247 OrApp 8 (2011)

Holding:   The “restitution schedule” provided by the prosecutor at sentencing offered no support for the amounts sought. However, defendant failed to preserve the error at the sentencing hearing.  Evidence produced at trial supported the award, though, so the error was not plain and the Appeals Court had no discretion to examine the correctness of the award.

1)   While prior case law is, generally, part of a statute’s text and context, these prior cases will be ignored if the prior cases failed to apply the standard principles of statutory construction laid out in State v. Gaines. at p. 12.

2)   Additionally, reliance on decisions based on a former version of the statute are particularly unavailing where the current version of the statute contains requirements not found in the former. at p. 16.

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