State v. Alvardo

                                802

      Submitted February 7, reversed and remanded March 11, 2020


                 STATE OF OREGON,
                  Plaintiff-Respondent,
                            v.
         MIGUEL ANGEL REBOLLO ALVARDO,
                  aka Miguel Rebollo,
                 Defendant-Appellant.
            Multnomah County Circuit Court
                 16CR73823; A169411
                             

  Gregory F. Silver, Judge.
   Ernest G. Lannet, Chief Defender, Criminal Appellate
Section, and Sarah Laidlaw, 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.
  Before Ortega, Presiding Judge, and Shorr, Judge, and
James, Judge.
  PER CURIAM
  Reversed and remanded.
Cite as 

 (2020)                             803

        PER CURIAM
         Defendant challenges the trial court’s award of
$3,018.18 in restitution to the victim for damages to her
vehicle, arguing that the evidence was legally insufficient to
establish that that amount was “reasonable,” as required by
ORS 137.103(2)(a) and ORS 31.710(2)(a). The state concedes
that the trial court erred, and we agree.
         In this case, the state presented evidence in support
of the restitution award in the form of an estimate of the cost
of repairs that the victim had obtained from an auto-body
repair shop. In State v. Aguirre-Rodriguez, 

,

 (2019), we concluded that evidence of a repairshop estimate and evidence that the victim’s insurer had
paid the amount of that estimate did not suffice to establish
that the amount sought for the repairs was reasonable. That
case is controlling here.
        Reversed and remanded.