STATE v. MARCKS (2021)

Court of Appeals of Oregon.

STATE of Oregon, Plaintiff-Respondent, v. Kristopher Lee MARCKS, Defendant-Appellant.

A173447

Decided: July 14, 2021

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

Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Joel C. Duran, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Michael A. Casper, Assistant Attorney General, filed the brief for respondent.

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 defendant's 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

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