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State v. Martinez

Summarized by: 

Date Filed: 06-06-2012
Case #: A145928
Armstrong, P.J. for the Court; Haselton, C.J.; and Duncan, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/Publications/A145928.pdf

Sentencing: In absence of any evidence on the record to support a particular amount awarded for restitution, the Court can exercise its discretion to correct the plain error.

Defendant appealed the award of restitution he was ordered to pay in the amount of $273. Defendant claims that the trial court erred in ordering him to pay $273 in restitution to Care Oregon because there is no evidence on the record to support that award. Though Defendant did not preserve this assignment of error for appeal, he requested that the Court of Appeals review it as plain error under ORAP 5.45(1). The State concedes that there is no evidence on the record to support the restitution to Care Oregon. According to State v. Gruver, the Court recognized that imposing a specific amount of damages without any evidence in the record to support it can be plain error. The Court, therefore, exercised its discretion to correct the error. Remanded for resentencing; otherwise affirmed.