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STATE v. MARCKS (2021)

Court of Appeals of Oregon.2021-07-14No. A173447

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Opinion

Defendant, who pleaded guilty to fourth-degree assault constituting domestic violence, appeals a supplemental judgment imposing restitution. He argues that the state failed to adduce sufficient evidence that certain hospital expenses incurred by the victim were necessary or reasonable. The state concedes that defendant is correct with respect to evidence of the reasonableness of the medical expenses under State v. McClelland, 278 Or. App. 138, 372 P.3d 614, rev. den., 360 Or. 423, 383 P.3d 862 (2016). We accept that concession, and we do not reach defendants remaining arguments.

Defendant also argues that the appropriate remedy in this circumstance is to vacate the portion of the supplemental judgment awarding the hospital expenses without remanding. We agree with the state that the appropriate remedy in this circumstance is to remand for resentencing. See, e.g., State v. Boza, 306 Or. App. 279, 280, 473 P.3d 1161 (2020) (citing State v. Moreno-Hernandez, 365 Or. 175, 189, 442 P.3d 1092 (2019)).

Supplemental judgment reversed; remanded for resentencing; otherwise affirmed.

PER CURIAM