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STATE v. RAMIREZ (2021)

Court of Appeals of Oregon.2021-06-16No. A171022

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Opinion

Defendant appeals a supplemental judgment imposing restitution, asserting that the trial court erred in imposing $1,387.42 of $3,508.42 in restitution awarded to the victim for medical expenses. In defendants view, the hospital bill used as evidence to prove that the $1,387.42 portion was a reasonable medical expense was, by itself, insufficient. See State v. McClelland, 278 Or. App. 138, 144, 372 P.3d 614, rev. den., 360 Or. 423, 383 P.3d 862 (2016) (“Some additional testimony or evidence is required to support the reasonableness of the bill for the hospital or medical services.”). The state concedes the error; we agree and accept the concession. As to defendants appeal of the judgment of conviction, we reject defendants other assignment of error without written discussion.

Portion of supplemental judgment requiring defendant to pay $1,387.42 restitution reversed; remanded for resentencing; otherwise affirmed.

PER CURIAM