State v. Hilburn

48 Submitted November 5, 2018; reversed and remanded for resentencing, otherwise affirmed December 4, 2019 STATE OF OREGON, Plaintiff-Respondent, v. DONALD GEAN HILBURN, Defendant-Appellant. Marion County Circuit Court 17CR11850; A165875

455 P3d 995

Defendant pleaded guilty to sexually abusing J, a child under the age of 14. The sentencing court imposed $2,429.94 in restitution for medical expenses incurred by J as a result of defendant’s crimes. Defendant appeals that award, contending that, under State v. McClelland, 278 Or App 138, 372 P3d 614, rev den,

360 Or 423

(2016), there is insufficient…