300 ORAPP 819 - State v. Allida

                                  819

    Submitted October 4; supplemental judgment reversed, remanded for
           resentencing, otherwise affirmed November 27, 2019


                   STATE OF OREGON,
                    Plaintiff-Respondent,
                              v.
               JUANITO TESTADO ALLIDA,
                   Defendant-Appellant.
              Washington County Circuit Court
                   17CR45493; A167341

455 P3d 1042



   Theodore E. Sims, Judge.
   Jedediah Peterson and O’Connor Weber LLC 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.
  Before DeHoog, Presiding Judge, and Mooney, Judge, and
Hadlock, Judge pro tempore.
   PER CURIAM
   Supplemental judgment reversed; remanded for resentencing; otherwise affirmed.
820                                                          State v. Allida

           PER CURIAM
        After a bench trial, the trial court entered judgment
convicting defendant of four counts of third-degree sexual
abuse and two counts of attempted second-degree sexual
abuse against the minor victim.1 The court subsequently
entered a supplemental judgment ordering defendant to pay
$2,443 in restitution—$1,473.25 to the Criminal Injuries
Compensation Account (CICA) and $969.75 to Providence
Health Plans—for the costs of a CARES evaluation that
CICA and Providence had paid on behalf of the minor victim. Defendant appeals, assigning error only to the restitution award.
         The state concedes, and we agree, that the court
erred in imposing restitution in this case. For CICA or
an insurance carrier to obtain restitution it must have
“expended moneys on behalf of a victim described in [ORS
137.103(4)(a)].” ORS 137.103(4)(c) (CICA); ORS 137.103(4)(d)
(insurance carrier). However, “an unemancipated minor who
claims only medical expenses as damages as a result of a
defendant’s conduct does not qualify as a ‘victim’ under ORS
137.103(4)(a).” State v. White,

299 Or App 165

, 167,

449 P3d 165

 (2019) (citing State v. Moreno-Hernandez,

365 Or 175, 189

442 P3d 1092

 (2019) (holding that the medical expenses
of an unemancipated minor child are damages suffered by
the child’s parents, not the child)). Thus, even if the amounts
paid by CICA and Providence for the CARES evaluation
are properly viewed as medical expenses, they were not
expended on behalf of a qualifying victim. For that reason,
we reverse the supplemental judgment and, as in Moreno-Hernandez,

365 Or at 190-91

, because the court may have
other permissible options available to it, remand for resentencing. See also White, 299 Or App at 169 (same).
        Supplemental judgment reversed; remanded for
resentencing; otherwise affirmed.




    1
      The court acquitted him of first-degree sexual abuse, sodomy, and an additional count of third-degree sexual abuse; two other counts were dismissed on the
state’s motion.