STATE v. RANDOLPH (2019)

Court of Appeals of Oregon.

STATE of Oregon, Plaintiff-Respondent, v. Kevin Wayne RANDOLPH, Defendant-Appellant.

A167233

Decided: December 11, 2019

Before DeVore, Presiding Judge, and DeHoog, Judge, and Mooney, Judge.

Kenneth A. Kreuscher filed the brief for appellant. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Greg Rios, Assistant Attorney General, filed the brief for respondent.

Defendant was convicted of numerous sexual offenses against a child and, on appeal, challenges the trial court’s imposition of restitution imposed in a supplemental judgment for the cost of a CARES evaluation and related medical expenses of the child victim. The state concedes that the imposition of restitution in this circumstance was error in light of State v. Moreno-Hernandez, 365 Or. 175, 189, 442 P.3d 1092 (2019) (medical expenses of an unemancipated minor are not recoverable as compensatory fine because child did not suffer economic damages), and State v. White, 299 Or. App. 165, 168, 449 P.3d 924 (2019) (applying rule from Moreno-Hernandez in context of compensatory fines and restitution awarded for costs of CARES evaluations of victims). We agree with and accept the state’s concession.

Supplemental judgment reversed; remanded for resentencing; otherwise affirmed.

PER CURIAM

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