State v. Gallup
State v. Gallup
Opinion of the Court
*782Defendant appeals a judgment of conviction for fourth-degree assault, ORS 163.160, and harassment, ORS 166.065. Included in his sentence for those convictions was a restitution order to pay $150.44 to AllCare Health Systems. On appeal, defendant raises two assignments of error. We reject defendant's first assignment without written discussion and write only to address his second assignment. As to that second *539assignment or error, defendant asserts that the trial court plainly erred when it imposed restitution in the amount of $150.44. We agree and therefore remand for resentencing.
The court imposed the restitution award under ORS 137.106
The state concedes that the court plainly erred in imposing restitution, and we agree. See *783State v. Martinez ,
We also exercise our discretion to correct the error for the same reasons we expressed in Martinez . Id . at 344,
Remanded for resentencing; otherwise affirmed.
ORS 137.106(1) provides, in part:
"When a person is convicted of a crime *** that has resulted in economic damages, the district attorney shall investigate and present to the court, at the time of sentencing or within 90 days after entry of the judgment, evidence of the nature and amount of the damages. *** If the court finds from the evidence presented that a victim suffered economic damages, in addition to any other sanction it may impose, the court shall enter a judgment or supplemental judgment requiring that the defendant pay the victim restitution in a specific amount that equals the full amount of the victim's economic damages as determined by the court."
Case-law data current through December 31, 2025. Source: CourtListener bulk data.