STATE v. DONAHUE (1997)

Court of Appeals of Oregon.

STATE of Oregon, Respondent, v. William John DONAHUE, Appellant.

C9502-31026; CA A90121.

Decided: December 17, 1997

Before WARREN, P.J., and EDMONDS and ARMSTRONG, JJ.

Diane L. Alessi, Chief Deputy Public Defender, argued the cause for appellant. With her on the brief was Sally L. Avera, Public Defender. Katherine H. Waldo, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Virginia L. Linder, Solicitor General.

Defendant appeals from a conviction and sentencing for first degree sexual abuse, ORS 163.427. Defendant argues that the trial court erred in allowing a state's witness to testify to a medical diagnosis of the victim of sexual abuse and that the trial court erred in imposing a compensatory fine. We vacate the compensatory fine and otherwise affirm.

A compensatory fine may be awarded only if the trial court finds that the victim suffered a pecuniary loss. State v. Barkley, 315 Or. 420, 438, 846 P.2d 390, cert. den. 510 U.S. 837, 114 S.Ct. 116, 126 L.Ed.2d 81 (1993); State v. Forrester, 130 Or.App. 459, 462, 882 P.2d 1124 (1994). Here, no evidence was submitted that the victim suffered a pecuniary loss, and the trial court expressly found that there was no pecuniary loss.

Compensatory fine vacated; otherwise affirmed.

PER CURIAM.

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