State v. Coons

“An error is ‘plain; if it is (1) of law, (2) obvious and not reasonably in dispute, and (3) it appears on the record such that there is no need to choose among competing inferences.” State v. Clarke, 300 Or App 74, 80, ___ P3d ___ (2019) (second and third internal quotation marks omitted).

Defendant appealed the trial court’s award of restitution to the victim for medical expenses after he was convicted of Assault in the First Degree. On appeal, Defendant argued that the trial erred because there was insufficient evidence for finding the claimed medical expenses were reasonable. In response, the State argued that because the parties agreed to the notice and filing procedures at sentencing, the court did not err.  At sentencing, the parties agreed to give the State 90 days to provide the amount for restitution for medical bills. Defendant asked for, and was given, 30 days to object, which he failed to do. “An error is ‘plain; if it is (1) of law, (2) obvious and not reasonably in dispute, and (3) it appears on the record such that there is no need to choose among competing inferences.” State v. Clarke, 300 Or App 74, 80, ___ P3d ___ (2019) (second and third internal quotation marks omitted). “[I]t is not ‘obvious’ that the law precludes a trial court from imposing restitution without such evidence where, as here, the parties at sentencing elect to employ a procedure for determining the appropriate amount of restitution.” Affirmed.