STATE v. WILLIAMS (2018)

Court of Appeals of Oregon.

STATE of Oregon, Plaintiff-Respondent, v. Lee Junior WILLIAMS, Jr., aka Lee Williams, Defendant-Appellant.

A162582

Decided: January 04, 2018

Before Ortega, Presiding Judge, and Garrett, Judge, and Powers, Judge.

Ernest G. Lannet, Chief Defender, and Kyle Krohn, Deputy Public Defender, Criminal Appellate Section, Office of Public Defense Services, filed the brief for appellant. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Keith L. Kutler, Assistant Attorney General, filed the brief for respondent.

Defendant appeals a judgment of conviction for harassment, ORS 166.065(1), assigning error to the trial court’s decision to give a jury instruction on “withdrawal” in the context of self-defense. He also assigns error to the trial court’s imposition of a $255 “DUII conviction fee,” arguing that the court lacked authority to impose that fee because he was not convicted of driving under the influence of intoxicants (DUII).

We reject defendant’s first assignment of error without published discussion. As for defendant’s second assignment of error, the state concedes that the trial court erred by imposing a DUII conviction fee when defendant was not convicted of DUII. We agree and accept the state’s concession. State v. Williams, 280 Or. App. 631, 632, 380 P.3d 1225, rev. den., 360 Or. 604, 385 P.3d 88 (2016).

Portion of judgment imposing $255 DUII conviction fee reversed; otherwise affirmed.

PER CURIAM

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