State v. Riverman

Defendant appealed a supplemental judgment imposing restitution. Defendant assigned error to the trial court’s restitution award of the victim’s medical and chiropractic expenses. On appeal, Defendant argued that there was insufficient evidence as to the reasonableness of the amount due for the medical expenses.  In response, the State conceded that the trial court erred in imposing restitution for the medical and chiropractic expenses, but argued that this Court should not correct the plain error because it would undermine the purposes of preservation. A defendant “may be ordered to pay restitution for a victim’s objectively verifiable monetary losses, including ‘reasonable’ medical and hospital charges that were ‘necessarily incurred.’” State v. Dickinson, 298 Or App 679, 680 (2019); ORS 31.705; ORS 137.103(2)(a) (generally adopting the definition of “economic damages” in ORS 31.705). The Court reasoned that, because the State failed to present evidence to support a determination as to the reasonlessness of the victim’s medical expenses and the amount awarded in restitution was significant, the gravity of error was substantial. The Court held that the trial court plainly errored in imposing restitution for the medical expenses. Supplemental judgment reversed in part; remanded for resentencing; otherwise affirmed.