- Associated Press - Thursday, June 30, 2016

PORTLAND, Ore. (AP) - The Oregon Supreme Court has sided with a shoplifter on the question of whether restitution should be based on the retail or wholesale value of stolen merchandise.

The defendant was convicted of theft in 2013 after stealing 15 pairs of jeans from a Macy’s store in Portland.

The prosecutor who sought restitution to cover Macy’s loss asked for it to be based on the retail value of the jeans. The defendant said it should be based on what Macy’s would pay to replace them.

Lower courts sided with the prosecutor, but the high court overruled those judges Thursday.

The opinion written by Justice Martha Walters states the retailer would recover more than its actual losses if it gets retail value.

She says the seller might be entitled to recover other economic damages, including lost profits, but those must be proved and they were not in this case.

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