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STATE v. FOX

(CC 17CR07694) SC S068980.

521 P.3d 151 (2022)

370 Or. App. 456

STATE of Oregon, Respondent on Review, v. Patrick Raymond FOX, Petitioner on Review.

Supreme Court of Oregon, En Banc.

November 17, 2022.

Attorney(s) appearing for the Case

David O. Ferry , Deputy Public Defender, Office of Public Defense Services, Salem, argued the cause and filed the briefs for petitioner on review. Also on the briefs was Ernest G. Lannet , Chief Defender.

Jeff J. Payne , Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Travis Eiva , Portland, Eugene, filed the brief for amicus curiae Oregon Trial Lawyers Association.

In a criminal case, a trial court is permitted to award restitution for a victim's "economic damages," as that term is defined in ORS 137.103(2)(a). This case requires us to decide whether that term includes attorney fees that a victim chooses to incur to protect the victim's interest in obtaining restitution.

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