State v. Perdew

• Court: Oregon Court of Appeals
• Area(s) of Law: Criminal Law
• Date Filed: 06-03-2020
• Case #: A167427
• Judge(s)/Court Below: Aoyagi, J. for the court; Armstrong, P.J. & Tookey, J.
• Full Text Opinion

In order for a court to award restitution, there must be evidence that shows that “medical expenses were ‘necessarily incurred.’” ORS 31.710(2)(a).

Defendant pleaded guilty to assault in the fourth degree, and was ordered to pay restitution. Defendant appealed the restitution, and assigned error to the court and argued that there was not sufficient evidence to support that “medical expenses were ‘necessarily incurred.’” ORS 31.710(2)(a). The State argued that the only thing that had to be proved was that Defendant’s actions resulted in the victim’s injury, and the State further argued that there was sufficient evidence to support the amount of restitution. The Court found that the trial court did not err, stating that the evidence was sufficient to award restitution for the victim’s medical treatments because it “establish[ed] the necessity” and “identif[ied] specific services and charges associated with that treatment.” Affirmed.

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