State v. Martinez, 280 P.3d 399

Defendant was convicted after a bench trial of unlawful use of a weapon, two counts of criminal mischief in the first degree, and menacing, with a total restitution award of $3,209.85.
On appeal, defendant raises four assignments of error; the court addresses only the fourth, challenging the restitution amount.
At sentencing, the state requested $3,209.85 in restitution, which the court awarded without objection.
An accompanying restitution exhibit suggested $273 of the total was for Care Oregon, but there was no evidentiary support in the record for that amount.
The court in Gruver held restitution can be plain error if the record contains no evidence of the victim’s loss; the current record likewise lacks such evidence for the $273.
The appellate court remands for resentencing to correct the restitution amount while affirming the remainder of the judgment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether $273 Care Oregon restitution is supported by the record	State concedes no evidence supports the amount	Defendant argues the amount is unsupported by the record	Plain error; remand for resentencing

State v. Gruver, 247 Or App 8 (2011) (restitution must be supported by evidence; absence can be plain error)
State v. Creech, 235 Or App 183 (2010) (restitution unsupported by evidence is plain error)
State v. Harrington, 229 Or App 473 (2009) (plain error where victim’s loss amount not evidenced)
Ailes v. Portland Meadows, 312 Or 376 (1991) (factors for correcting plain error include gravity and justice)
State v. Tippetts, 239 Or App 429 (2010) (remand/resentencing when restitution requires correction)