455 P.3d 995
Or. Ct. App.2019Background
- Defendant (Hilburn) pleaded guilty to second-degree sodomy and two counts of first-degree sexual abuse of a child under 14.
- Sentencing court ordered $2,429.94 restitution: $2,000.56 to Willamette Valley Community Health (WVCH) and $429.38 to the Department of Human Services (DHS) for medical expenses paid on the victim’s behalf.
- The state introduced provider bills and records showing amounts billed and the lesser amounts actually paid by WVCH and DHS (discounted/contract amounts); witnesses described services paid but gave no evidence tying payments to market rates.
- Hilburn argued, relying on State v. McClelland, that the state failed to prove the medical charges were reasonable (i.e., at or below market rate).
- Trial court found the discounted/contract payment amounts were reasonable and awarded restitution; on appeal the state argued the discounts made it inferable the amounts were reasonable.
- Court of Appeals reversed: discounts or proof of payment alone do not establish that amounts correspond to market rates; further evidence was required to prove reasonableness, so restitution award was erroneous and case remanded for resentencing.
Issues
| Issue | State's Argument | Hilburn's Argument | Held |
|---|---|---|---|
| Whether the state proved the reasonableness of medical charges sought as restitution | Payments made by WVCH/DHS at discounted/contract rates and provider bills infer reasonableness | Under McClelland, the state must show charges are at or below market rate; bills/payments alone are insufficient | Reversed: discounts/payments alone do not prove market-rate reasonableness; restitution award vacated and remanded for resentencing |
Key Cases Cited
- State v. McClelland, 278 Or App 138 (2016) (trial evidence must show medical charges are reasonable; bills alone are insufficient)
- State v. Campbell, 296 Or App 22 (2019) (reasonableness means at or below market rate)
- Martinez v. Delgado-Galban, 296 Or App 659 (2019) (factfinder cannot rely on its own experience to infer reasonable medical charges)
- State v. J. M. E., 299 Or App 483 (2019) (lack of evidence tying charges/payments to market rates defeats restitution claim)