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STATE v. MAY (2020)

Court of Appeals of Oregon.

STATE of Oregon, Plaintiff-Respondent, v. Douglas Michael MAY, Defendant-Appellant.

A169282

Decided: January 15, 2020

Before DeVore, Presiding Judge, and DeHoog, Judge, and Mooney, Judge.

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

Defendant was convicted of attempting to elude, ORS 811.540, driving under the influence of intoxicants, ORS 813.010, and reckless endangerment, ORS 163.195. On appeal, he asserts that the trial court erred in imposing a fine of $1,755, which exceeded the $1,500 amount that was announced in open court. The state concedes the error. We accept the state’s concession. See State v. Zamno, 299 Or. App. 270, 450 P.3d 57 (2019) (error for court to impose fine greater than amount announced at sentencing hearing).

Portion of judgment requiring defendant to pay a $1,755 DUII fine vacated; remanded for resentencing; otherwise affirmed.

PER CURIAM

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STATE v. MAY (2020)

Docket No: A169282

Decided: January 15, 2020

Court: Court of Appeals of Oregon.

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