STATE v. MCNEAL (2019)

Court of Appeals of Oregon.

STATE of Oregon, Plaintiff-Respondent, v. William Charles MCNEAL, Defendant-Appellant.

A168789

Decided: September 11, 2019

Before Lagesen, Presiding Judge, and DeVore, Judge, and Powers, Judge.

Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Neil F. Byl, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Michael A. Casper, Assistant Attorney General, filed the brief for respondent.

This is a criminal appeal in which defendant challenges the imposition of a $2,555 fine. Defendant pleaded guilty to felony driving under the influence of intoxicants (DUII), ORS 813.010(5), and felony driving while suspended or revoked, ORS 811.182(3). On appeal, defendant argues that the trial court erred when, in the judgment, it imposed a DUII fine in an amount that exceeded the amount that it had ordered in open court. That is, at the sentencing hearing, the court stated that it was ordering defendant to pay a $2,000 fine on the DUII conviction, but the judgment ordered defendant to pay a $2,555 fine on that conviction. The state concedes the error, and we accept the state’s concession and vacate and remand for resentencing. See State v. Zamno, 299 Or. App. 270, 450 P.3d 57 (2019) (accepting state’s concession that trial court erred after entering a judgment imposing a fine that was greater than amount trial court ordered the defendant to pay orally at sentencing hearing).

Vacated and remanded for resentencing; otherwise affirmed.

PER CURIAM

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