361
Submitted January 30; remanded for resentencing, otherwise affirmed
February 20, 2020
STATE OF OREGON,
Plaintiff-Respondent,
v.
KESTER GORDON HARRY,
Defendant-Appellant.
Polk County Circuit Court
17CR07025; A167756
Rafael A. Caso, Judge pro tempore.
Ernest G. Lannet, Chief Defender, Criminal Appellate
Section, and Meredith Allen, Deputy Public Defender, Office
of Public Defense Services, filed the briefs for appellant.
Ellen F. Rosenblum, Attorney General, Benjamin Gutman,
Solicitor General, and Julie Glick, Assistant Attorney General,
filed the brief for respondent.
Before Armstrong, Presiding Judge, and Tookey, Judge,
and Aoyagi, Judge.
PER CURIAM
Remanded for resentencing; otherwise affirmed.
362 State v. Harry
PER CURIAM
Defendant appeals a judgment of conviction for
second-degree manslaughter, ORS 163.125. He argues that
the trial court made various errors at trial, and also erred in
imposing restitution in the amount of $101,095.04 payable to
SAIF Corporation. We reject all of defendant’s assignments
of error without discussion except the one concerning restitution. As for restitution, defendant did not preserve his claim
of error but argues that the court plainly erred in imposing
restitution because the state failed to provide any evidence
to support an award of restitution to SAIF Corporation.
The state concedes that the trial court plainly erred in that
regard. We agree and accept the concession. We exercise our
discretion to correct the error for the reasons set forth in
State v. Martinez,
(2012)
(“The amount of restitution is not insubstantial given defendant’s circumstances; moreover, the interests of justice militate against requiring a defendant to pay an obligation that
is totally unsubstantiated by the record.”).
Remanded for resentencing; otherwise affirmed.
