State v. O'Donnell

Court of Appeals of Oregon

State v. O'Donnell

454 P.3d 849, 301 Or. App. 514

CourtCourt of Appeals of Oregon

DecidedDecember 18, 2019

DocketA168050

StatusPublished

This text of 454 P.3d 849 (State v. O'Donnell) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. O'Donnell, 454 P.3d 849, 301 Or. App. 514 (Or. Ct. App. 2019).

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Opinion

Submitted November 26; remanded for resentencing, otherwise affirmed December 18, 2019

STATE OF OREGON, Plaintiff-Respondent, v. KEVIN WAYNE O’DONNELL, Defendant-Appellant. Marion County Circuit Court 17CR51967; A168050 454 P3d 849

Jennifer K. Gardiner, Judge pro tempore. Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Andrew D. Robinson, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Colm Moore, Assistant Attorney General, filed the brief for respondent. Before Tookey, Presiding Judge, and Aoyagi, Judge, and Sercombe, Senior Judge. PER CURIAM Remanded for resentencing; otherwise affirmed. Cite as 301 Or App 514 (2019) 515

PER CURIAM Defendant, who was convicted of attempted first- degree assault, ORS 161.405; ORS 163.185, and second- degree assault, ORS 163.175, asserts on appeal that the trial court erred in ordering him to pay restitution in the amount of $2,572. The charges arose from an incident in which defendant assaulted one victim, T, with a baseball bat and attempted to assault another victim, L, with a baseball bat. On appeal, defendant argues that the state presented insufficient evidence of T’s lost wages, and also that the state failed to prove that the charges T incurred for ambulance services after the assault were reasonable. We reject defen- dant’s argument concerning lost wages without discussion. As for the ambulance service charge, the state concedes that it failed to adduce evidence that the ambulance charge of $452 was “reasonable,” as required by State v. McClelland, 278 Or App 138, 144, 372 P3d 614, rev den, 360 Or 423 (2016) (submission of a bill, without more, is insufficient proof for recovery of “ ‘reasonable’ * * * medical services”). We agree and accept the state’s concession. Remanded for resentencing; otherwise affirmed.

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Submitted November 26; remanded for resentencing, otherwise affirmed December 18, 2019

STATE OF OREGON, Plaintiff-Respondent, v. KEVIN WAYNE O’DONNELL, Defendant-Appellant. Marion County Circuit Court 17CR51967; A168050 454 P3d 849

Jennifer K. Gardiner, Judge pro tempore. Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Andrew D. Robinson, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Colm Moore, Assistant Attorney General, filed the brief for respondent. Before Tookey, Presiding Judge, and Aoyagi, Judge, and Sercombe, Senior Judge. PER CURIAM Remanded for resentencing; otherwise affirmed. Cite as 301 Or App 514 (2019) 515

PER CURIAM Defendant, who was convicted of attempted first- degree assault, ORS 161.405; ORS 163.185, and second- degree assault, ORS 163.175, asserts on appeal that the trial court erred in ordering him to pay restitution in the amount of $2,572. The charges arose from an incident in which defendant assaulted one victim, T, with a baseball bat and attempted to assault another victim, L, with a baseball bat. On appeal, defendant argues that the state presented insufficient evidence of T’s lost wages, and also that the state failed to prove that the charges T incurred for ambulance services after the assault were reasonable. We reject defen- dant’s argument concerning lost wages without discussion. As for the ambulance service charge, the state concedes that it failed to adduce evidence that the ambulance charge of $452 was “reasonable,” as required by State v. McClelland, 278 Or App 138, 144, 372 P3d 614, rev den, 360 Or 423 (2016) (submission of a bill, without more, is insufficient proof for recovery of “ ‘reasonable’ * * * medical services”). We agree and accept the state’s concession. Remanded for resentencing; otherwise affirmed.

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Bluebook (online)

454 P.3d 849, 301 Or. App. 514, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-odonnell-orctapp-2019.

Opinion

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