State v. Randolph

                                 309

   Submitted November 1; supplemental judgment reversed, remanded for
           resentencing, otherwise affirmed December 11, 2019


                   STATE OF OREGON,
                    Plaintiff-Respondent,
                              v.
               KEVIN WAYNE RANDOLPH,
                   Defendant-Appellant.
              Washington County Circuit Court
                   17CR10640; A167233
                              

   Eric Butterfield, 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.
  Before DeVore, Presiding Judge, and DeHoog, Judge, and
Mooney, Judge.
   PER CURIAM
   Supplemental judgment reversed; remanded for resentencing; otherwise affirmed.
310                                       State v. Randolph

        PER CURIAM
         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, 

,

 (2019) (medical expenses of an unemancipated
minor are not recoverable as compensatory fine because
child did not suffer economic damages), and State v. White,

, 168, 

 (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.