Defendant was convicted of unlawful sexual penetration in the second degree, ORS 163.408, and sentenced to a term of incarceration. The court also imposed a compensatory fine in the amount of $500 and restitution of $2,000. On appeal, defendant raises six assignments of error. As to defendant’s first four assignments of error, which challenge the conviction, we affirm without discussion.
In his fifth and sixth assignments of error, defendant contends that the trial court committed plain error when it imposed restitution and a compensatory fine because those sanctions were unsupported by evidence in the record that the victim had actually suffered a pecuniary loss. The state concedes that the imposition of the fine and restitution constituted plain error. We agree and accept the concession, exercise our discretion to review the error, and conclude the case must be remanded for resentencing.
See State v. Harrington,
Remanded for resentencing; otherwise affirmed.
