State v. Ramirez

                                    453

  Submitted October 27, 2020; portion of supplemental judgment requiring
 defendant to pay $1,387.42 restitution reversed, remanded for resentencing,
                      otherwise affirmed June 16, 2021


                    STATE OF OREGON,
                     Plaintiff-Respondent,
                               v.
                 ISAURO LUIS RAMIREZ,
                    Defendant-Appellant.
               Washington County Circuit Court
                    18CR60120; A171022
                                

   Danielle J. Hunsaker, Judge.
    Ernest G. Lannet, Chief Defender, Criminal Appellate
Section, and Sara F. Werboff, Deputy Public Defender,
Criminal Appellate Section, Office of Public Defense Services,
filed the brief for appellant.
   Ellen F. Rosenblum, Attorney General, Benjamin Gutman,
Solicitor General, and E. Nani Apo, Assistant Attorney
General, filed the brief for respondent.
  Before Armstrong, Presiding Judge, and Tookey, Judge,
and Aoyagi, Judge.
   PER CURIAM
   Portion of supplemental judgment requiring defendant to
pay $1,387.42 restitution reversed; remanded for resentencing; otherwise affirmed.
454                                         State v. Ramirez

        PER CURIAM
         Defendant appeals a supplemental judgment imposing restitution, asserting that the trial court erred in imposing $1,387.42 of $3,508.42 in restitution awarded to the victim for medical expenses. In defendant’s view, the hospital
bill used as evidence to prove that the $1,387.42 portion was
a reasonable medical expense was, by itself, insufficient.
See State v. McClelland, 

, 

,
rev den, 

 (2016) (“Some additional testimony or
evidence is required to support the reasonableness of the bill
for the hospital or medical services.”). The state concedes the
error; we agree and accept the concession. As to defendant’s
appeal of the judgment of conviction, we reject defendant’s
other assignment of error without written discussion.
        Portion of supplemental judgment requiring defendant to pay $1,387.42 restitution reversed; remanded for
resentencing; otherwise affirmed.