and submitted July 25, 2017
County Circuit Court F 2175 5; Brian Dretke, Judge.
E. Belais, Deputy Public Defender, argued the cause for
appellant. Also on the brief was Ernest G. Lannet, Chief
Defender, Criminal Appellate Section, Offce of Public Defense
P. Robertson, Assistant Attorney General, argued the cause
for respondent. Also on the brief were Ellen F. Rosenblum,
Attorney General, and Benjamin Gutman, Solicitor General.
DeHoog, Presiding Judge, and Egan, Chief Judge, and James,
appeals the trial court's order requiring him to pay
restitution after he pleaded guilty to fourth-degree assault.
Defendant argues that the trial court erred in (1) refusing
to allow him to be heard on the issue of the amount of
restitution, and (2) ordering restitution when there was
insufficient supporting evidence in the record.
trial court erred in refusing to allow defendant to be heard
on the matter of restitution.
Or.App. 2] EGAN, C. J.
a criminal appeal in which defendant challenges the trial
court's restitution award after he pleaded guilty to
fourth-degree assault. After defendant pleaded guilty, the
trial court sentenced defendant at a separate hearing.
Relevant to this appeal is the court's order for
defendant to pay $1, 111.04 in restitution. Defendant argues
that the trial court erred in (1) refusing to allow him to be
heard on the issue of the amount of restitution, and (2)
ordering restitution when there was insufficient supporting
evidence in the record. We agree with defendant that the
court erred in refusing to allow him to be heard on the
matter of restitution, and therefore remand for resentencing.
pleaded guilty to fourth-degree assault as a result of plea
negotiations with the state that involved the dismissal of
other charges. The trial court found a factual basis for and
accepted defendant's guilty plea. The trial court set
sentencing for a later date. No discussion about restitution
occurred at the time defendant entered his plea. Defendant
signed a plea petition, in which defendant checked two boxes
indicating that he "understood] that, in addition to
other fines, the judge may order [defendant] to pay
restitution * * * or an amount to be determined by the
judge." The petition also stated that defendant
"acknowledged] that everything that has been agreed to
is included in this document or incorporated by
reference." The document did not refer to or incorporate
any other agreement between the parties regarding
sentencing hearing, the state failed to present a printed
copy of the original offer containing its sentencing
recommendations, but the state requested that the court
follow "what's ever [sic] in [the]
offer." The following conversation ensued:
"[THE STATE]: I'd ask the court to follow the
recommendation. I think we agreed to that. *** The
restitution for the door, the information that we have from
the housing authority was a hundred and eleven dollars.
It's in the ...