State v. O'Donnell
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514 December 18, 2019 No. 602 IN THE COURT OF APPEALS OF THE STATE OF OREGON STATE OF OREGON, Plaintiff-Respondent, v. KEVIN WAYNE O’DONNELL, Defendant-Appellant. Marion County Circuit Court 17CR51967; A168050 Jennifer K. Gardiner, Judge pro tempore. Submitted November 26, 2019. 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 firstdegree assault, ORS 161.405; ORS 163.185, and seconddegree 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 defendant’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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